UNITED INDIA INSURANCE CO LTD Vs. NAVRATHAN KOTHARI

JUDGEMENT

(1.) FIRST Appeal No. 437 of 1993 has been filed against the Order dated August 4,1993 of the Maharashtra State Consumer Disputes Redressal Commission in complaint No. 119 of 1992 directing the opposite party (United India Insurance Company Ltd. Bombay Branch) to settle the complainant's claim for Rs. 3,28,178/ -with interest at 18% p.a. from 7.12.89 till the date of realisation and to pay Rs. 500/ - as costs to the complainant.

(2.) FACTS of the case from the available records are: The complainant had obtained insurance policy on 17.10.89 from the opposite party to cover one tin box containing cut and polished stones valued at Rs. 3,72,460/ - during transit from Bombay to Bangkok by air mail. The insurance covered all risks including pilferage, non -delivery, warehouse to warehouse. The complainant alleged that the tin box reached Bangkok and it was found that a part of precious stones was pilfered during the transit causing loss to the complainant for Rs. 3,28,178/ -. The complainant reported the incident on the same day to the Surveyor nominated by the United India Insurance Company and it was investigated by the surveyor, who assessed the value of loss of 570.54 carrots at Rs.

(3.) IN the Appeal, the Appellant has stated that the claim had been rejected after due application of mind and after scrutinization of the terms of the policy. It has been pointed out that the packet was delivered in goods and sealed condition to the consignee who in spite of knowing the valuable contents of the packet did not bother to check whether the precious gems were in order or not. According to the Appellant, the contract of insurance terminated at the time of delivery and the taking of signature of the consignee on the official delivery receipt of the courier. Regarding the surveyor's report, the Appellant clarified that at no stage it had disowned the findings in the report; the Appellant had only stated that since the package was opened by the consignee after the delivery had been effectuated and after the consignee had signed the delivery receipt that it was in good condition, a survey conducted thereafter was an exercise in futility.