BSL LTD Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Present appeal has been filed by Appellant/Complainant against impugned order dated 20.12.2013, passed by State Consumer Disputes Redessal Commission, Rajasthan, Jaipur (for short, 'State Commission').

(2.) Brief facts are that, appellant had "Export Marine Insurance Policies" for Rs.70cr and Rs.20cr, for the period 01.07.2004 to 30.6.2005 and for Rs.70cr and Rs.40cr for the period 01.07.2005 to 30.06.2005. Appellant issued six different invoices to Hyman Brickle & Sun Ins., USA and sold total 25,035.90 yards clothes having insured value of Rs.64,91,282/- and invoice value Rs.58,21,230/-(US Dollar 1,34,117). The said goods were dispatched to R. Nicolas Distributors, I.N.C. Canada. However, the said goods were damaged/affected/effected on the way.

(3.) Respondents/Opposite Parties appointed surveyor for assessment of the loss. Preliminary surveyor assessed the loss of appellant company at Rs.61,57,791/- (1,40,781.69 U.S. Dollars) and final survey accepted the claim for Rs.51,24,874.50P (US$ 1,17,166.77). Respondent No.1 assessed the claim of Rs.47,62,567/- having made deductions out of the amount assessed by the final surveyor. However, respondents made the payment of Rs.24,18,550/- only to the appellant, which amounts to serious deficiency in services on the part of the respondents. Hence, respondents be ordered to pay the remaining amount of Rs.41,34,377.34P, having deducted Rs.24,18,550/- already paid, out of the actual loss suffered by the appellant i.e. Rs.65,52,927.34P, along with interest @ 18%.