ROM INDUSTRIES LTD. Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) It is the say of the complainant that it has entered into a contract with M/s. Louis Dreyfus Sugar, London, for import of 12,000 MT of sugar in 2,40,000 bags, each weighing 50 kilos net weight. Pursuant to the said contract sugar was imported. For this purpose the complainant has taken insurance cover from the respondent, National Insurance Co. Ltd. For this there is no dispute. It is also admitted that vessel M.V. Banglar Doot arrived at midstream near Kolkota Port on 30.9.1994. On behalf of the Insurance Company, Surveyor, Ilas Consultants Pvt. Ltd. boarded the vessel and obtained Hatch Stowage Position and distribution of cargo in the ships holds. After final delivery 548 bags were found to be short. Thereafter they had also noted some slack/cut/torn bags and on that basis they arrived at a conclusion that there was shortage of 650 bags. That report was submitted by the surveyors of the Insurance Company on 19.11.1994.

(2.) It is also undisputed that discharge of the sugar bags from the vessel hold commenced on 30.9.1994 by boats. Boats were arranged and provided by the consignee through three boat contractors, namely, Zenith Traders, Calcutta, Sinha Transport and Shipping Company, Calcutta, and, The Central Inland Water Transport Corpn. Ltd., Calcutta. The sugar bags were loaded into boats for delivery to the respective godowns and were unloaded at Private Jetties from the boats by shore crane and also manually by labourers and then carried to the godown by Tempo/Matador for loading on the truck placed for direct delivery to the parties or for storing at Victoria Mills Godowns and Union (South) Jute Mills Godowns, Calcutta.

(3.) It is contended that at that time there was a short delivery of 7169 bags. This is on the basis of the report submitted by the GEO-CHEM Laboratories (P) Ltd., appointed by the complainant as their Surveyors.