ORIENTAL INSURANCE CO LTD Vs. GENERAL SALES LTD

JUDGEMENT

(1.) This is an appeal against the order of 17th July, 1992 passed by the State Commission of Delhi in Case No. C-312/91. The State Commission, by the above said order held that the respondent-complainant had received 75% not in full and final settlement of its claim under the Insurance Policy but only under protest. It, therefore, allowed, (i) the balance amount of Rs. 1,10,213/- (or Rs. 1,10,200) (ii) interest of Rs. 1,01,000 on the full claim of Rs. 4,15,729/- at the rate of 18% p.a. from 8.4.1990 to 14.8.1991 (iii) interest of Rs. 5,940/- at the same rate on Rs. 1,10,200/- from 15.8.1991 onwards till 3.12.1991 when he filed the complaint. Thus, it directed the appellant to pay in all Rs. 2,17,147/- with interest at the rate of 18% from 3.12.1991 till the date of payment. Hallowed Rs. l,500/- by way of costs.

(2.) The appellant Insurance Company has attacked the order of the State Commission on three counts :

(3.) The State Commission has gone into these questions in detail. It has observed that on the arrival of the vessel at the Bombay Airport in August, 1989, a pre-inspection of the consignment was made on or about 27th of August, 1990 jointly by the representatives of M/s. C. & F, agents of the respondent-complainants and the customs officials. It has been noted by the State Commission that this was according to the prevailing practice. On cutting up of the seal of the container it was found that it was full of water and that the consignment was totally wet and damaged. This was followed by a pre-despatch survey of the consignment by M/s. Ericson & Richards (ENR) appointed by the respondent-complainant. In this pre-survey also water was found up to the height of 15 inches in the container. The Surveyors found 478 cartons as outwardly wet/ water stained/toin/pressed and their contents rusty. After this pre-despatch survey the consignment was sent from the port to Malegaon under supervision of Surveyors.