NATIONAL INSURANCE CO LTD Vs. MARITIME ENGINEERS

JUDGEMENT

(1.) This Appeal, under Section 19 of the Consumer Protection Act, 1986 (in short "the Act"), is directed against the order dated 31.03.2009 passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (in short "the State Commission") in SC Case No. 11/0/2005. By the impugned order, the State Commission allowed the Complaint, directing the first Opposite Party to pay to the Complainant, Respondent herein, Rs.24,90,000/- within two months from the date of receipt of the order, failing which the Complainant would be entitled to recover amount with Rs.50,000/- as compensation and interest @ 9% per annum for the period of default.

(2.) The brief facts, as stated in the Complaint, are that the Complainant Firm was engaged in ship repairing workshop, licensed by the Kolkata Port Trust. On 31.07.2001, the Complainant had taken a Marine Policy for the insurance coverage of Old Marine Diesel Engine, which was to be transported from the pickup site i.e. 19, K.P. Dock to the place of unloading at the Marine Engineering College Campus, Tarataola Road, Kolkata, from the Opposite Parties, the Appellants herein, for a total sum of Rs.44,00,000/ and paid a premium of Rs.14,890/-. It is pleaded that the consignment note bearing no. 01/MISE/E001 was incorporated in the policy by the first Opposite Party on 05.08.2001 and the said policy was delivered to the Complainant only on 16.08.2001, which is the date on which the loss occurred. The first Opposite Party appointed one Mr. M.N. Zutshi as the Surveyor for pre-dispatch inspection and the said Surveyor carried out the inspection from 02.08.2001 to 05.08.2001. The Old Marine Diesel Engine was to be installed in the Marine Engineering & Research Institute (MERI) to impart practical training to engineering students and this was jointly tested by the officers of the Institute and the Maritime Engineers on 17.05.2001 and after verification of the engine, as suitable for the purpose, the Maritime Engineers had entered into negotiations with M/s M.J.R. Steels Pvt. Ltd. The sale of the engine was negotiated for a price of Rs.40,00,000/-.

(3.) M/S JCC India was entrusted for transportation of the engine from 19, K.P. Dock, Kolkata to Marine Engineering College and one Ms. Neera Singh was engaged by the Complainant to handle and execute all jobs regarding transportation of the engine. It is averred that the transit commenced on 05.08.2001 at 2200 hours and all precautionary measures were taken for transporting the said engine. After arrival of the trailer at the main gate of the Marine Engineering College, in the early hours of 06.08.2001, it was observed that the general condition had changed abnormally owing to incessant rain and strong wind. Some of the tree branches had drooped on the left hand side of the driveway. An arrangement was immediately made to remove the obstructing branches. Subsequently, the driver attempted to move within the campus and the engine and the trailer cabin entered the main gate but the left side rear wheels got bogged down outside the main gate and the vehicle got stuck. It was necessary to break and remove one post together with the steel main gate. At the same time, the culvert at this point had to be strengthened by stuffing sand bags below and wooden sleepers above to ensure safe rolling out of the trailer. This process of procurement of sleepers and steel plates took about five days and the delay was solely on that account. The Complainant pleaded that the vehicle was resumed on 11.08.2001 as the movement had to be made in stages since the steel plates and sleepers had to be lifted from the covered passage and re-laid manually in front of the vehicle for onward transit. The movement was also interrupted several times due to torrential train, strong wind and poor visibility. The trailer arrived safely at the designated place for unloading on 16.08.2001, adjacent to the prepared RCC bed/foundation made with 32mm steel plate.