OSCAR STEPHEN GMBH Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) These are seven original petitions filed by Mr. Oscar Stephen GMBH of Emden, Germany, through its locally constituted Attorney, Mr. K.V. Ramakrishna against the National Insurance Co. Ltd. represented by its Branch Office at Baruipur, West Bengal and by the CMD of the Company at Calcutta.

(2.) The facts in all these complaints are similar and are as follows:

(3.) It is the case of the complainant that as per the Institute Cargo Clause, the insurer is responsible for the goods from the warehouse of the exporter to the warehouse of the importer on all risks that occur during the voyage from warehouse to warehouse. Clause 8.1 with Sub-clause 8.1.1 of the Institute Cargo Clauses (A) reads: