UNITED INDIA INSURANCE CO. LTD. THROUGH SHRI JASPAL SINGH, DIVISION MANAGER, DIVISIONAL OFFICE Vs. M/S. BEETAX INDUSTRIES THROUGH PARTNER MOHANLAL MAHESHWARI, S/O SHRI DWARIKA PRASAD, R/O KALA SANGHA ROAD, BASTI SHEIKH JALANDHAR PUNJAB

JUDGEMENT

(1.) IA No. 181 of 2016: For the reasons stated in the application, delay in filing the Revision Petition is condoned. The application stands disposed of accordingly. Revision Petition This Revision Petition, by the United India Insurance Co. Ltd. (for short "the Insurance Company"), is directed against the order, dated 11.5.2015, passed by the State Consumer Disputes Redressal Commission, Punjab (for short "the State Commission") in FA/608/2012. By the impugned order, the State Commission has affirmed the order, dated 9.4.2012, passed by the District Consumer Disputes Redressal Forum, Jallandhar (for short "the District Forum") in CC/225/2010. By the said order, the District Forum had allowed the Complaint filed by the Respondent, with a direction to the Insurance Company to pay to them an amount of Rs. 11,27,097/-, as compensation for the loss suffered on account of damage to the goods exported by the Respondent to Genoa (Italy), with a default stipulation of payment of interest at the rate of 12% per annum from the date of order till realization.

(2.) Succinctly put, the facts material for deciding the Revision Petition are that the Respondent/Complainant had received an order for export of Hand Tools to M/s Viglietta Matteo SPA via Torrino 55, 12045 FOSSA No.C.N. Italy. The goods were exported sometime in Dec. 2008. The Respondent had obtained a Marine Cargo Open Cover, termed as Marine Certificate, from the Insurance Company covering the risk against loss/damage to the goods exported during the transit. When the container was de-stuffed, at the place of its destination, it was found that the consignment was damaged. Accordingly, on 16.2.2009, the importer asked for appointment of a surveyor. Acceding to the request, one Gastaldi International s.r.l., Claims and Settling Agents, was appointed as the surveyor. On inspection of the consignment on 26.2.2009, the surveyor submitted its report sometime in April 2009. The penultimate paragraph, indicating the cause of damage to the goods, reads as follows :

(3.) Accepting the said report, vide its letter dated 17.8.2009, the Insurance Company repudiated the claim, the relevant portion of the said letter reads as follows :