SUDARSHAN KUMAR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) -SUDARSHAN Kumar appellant had secured the insurance policy from M/s. United India Insurance Co. Ltd. respondent for the period from 28. 2. 1994 to 27. 2. 1995 covering the risk of stocks, trade of gold, old and new ornaments, jewellery of all kinds whilst in transit to be sent as per registered insured post parcel. On 30. 12. 1994 the appellant sent seven registered parcels duly registered and insured to Lucknow but were lost in transit. The claim was lodged by the appellant with the respondents. It was repudiated. The appellant filed a complaint in this Commission. The said complaint was dismissed by this Commission vide order dated 19. 3. 1999 with the observation that the appellant can still produce the necessary documents before the respondents as demanded by them and the respondents would re-examine the matter and settle the claim within a period of three months from the date of receipt of such documents.

(2.) THE appellant supplied necessary documents to the respondents. The Surveyor was appointed and the Surveyor assessed the loss to the tune of Rs. 5,57,837 and the same was paid to the appellant which has been accepted by him in full and final settlement of his claim. Therefore, the appellant was not entitled to either the amount of Rs. 1,04,889 or to the interest amount.

(3.) PARTIES produced the evidence.