HIMALAYA INTERNATIONAL(CORP.) Vs. ORIENTAL INSURANCE CO. LTD. AND ORS. BRANCH MANAGER PASCHIM VIHAR BRANCH NEW DELHI

JUDGEMENT

(1.) A man wants no protection when his conduct is strictly right. Himalaya International, the complainant, a partnership firm, transacts the business of exporting food grains. The complainant received the citation from Agricultural and Processed Food Export Development Authority for the year 1999-2000 for outstanding contribution to the export promotion of "organic rice". Copy of the said letter dated 6.1.1999 has been placed on record as Annexure C-1. On 2.11.1999, the complainant took an open cover from M/s Oriental Insurance Co. Ltd., Paschim Vihar, New Delhi - Opposite Parties No. 1 and 2, to insure their export consignment. The insurance policy covered all risks (ICCA) on warehouse to warehouse basis.

(2.) The complainant sent two consignments of rice from Ferozepur to Durban via Kandla Port on 1.1.2000 and 12.2.2000, respectively. The Shipping company issued clean 'Bill of Lading' in both cases, free from any endorsements. The insurance company issued Marine Insurance certificate dated 17.5.2000 in respect of above consignments, Annexures C-2 to C-3. The consignment sent on 1.1.2000 from Kandla, reached Durban on 7.2.2000, after transhipment at Dubai and Dar-E-Salaam and the consignment sent on 12.2.2000 reached Durban on 9.4.2000, after transhipment at Dubai and Dar-E-Salaam. The insurance company covered the risk during transhipment by the Shipper in both the above cases. The consignment of 234 MT was delivered to the consignee during the period from 12.05.2000 to 15.05.2000. The bags of rice were received wet.

(3.) M/s D. G. Wigmore and Associates, Marine Surveyors and Consultants were appointed by the complainant to attend and report on the wet bags of rice within the containers. They reported that the entire consignments were wet to varying degrees and extent and the rice were found unfit for human consumption. On 25.5.2000, the consignment of 74 MT was delivered to the consignee. The Survey was conducted showing similar results in respect of this consignment also.