JHUMA NAG Vs. AMIYA KUMAR PRODHAN

JUDGEMENT

(1.) As the parties are same in all the four appeals, facts and disputes involved in all the four cases are similar and as the State Commission had passed common judgment vide order dated 7.12.1999 in Original Case Nos. 54/97, 55/97, 56/97 and 57/97, four appeals are clubbed together, heard together and we proceed to pass a common order. Case of the appellant:

(2.) The appellant had taken a marine FOB Policy for the purpose of exporting its goods as an open declaration policy for the period commencing from 1.4.1995 to 31.3.1996 and paid the necessary premium. The policy covered the transit risk from the insured factory at Harda or anywhere in India to Jamnagar by rail/road (to be declared by the appellant on monthly basis). The appellant paid an additional premium of Rs. 15,960 on 22.11.1995 to the respondents for covering the additional risk for exporting the goods to Wadibunder, Bombay and Bombay Port Trust Godown (BPTG). The appellant booked following materials on various dates to BPTG/Wadibunder Mumbai: <FRM>JUDGEMENT_350_CPJ1_2008_1.html</FRM>

(3.) The total value of these goods were Rs. 3,55,89,003 and the insurance coverage was for Rs. 4 crores. The appellant obtained second marine FOB Policy for the period commencing from 8.3.1996 to 7.3.1997 as an open declaration of the policy on the same terms and conditions. Fourth consignment was booked by the appellant to Jamnagar Windmill Station.