J. K. DALL MILL Vs. NEW INDIA ASSURANCE

JUDGEMENT

(1.) This dispute relates to the repudiation of complainant's insurance claim in 1997, now we are in 2019.

(2.) The subject matter is the respondent - opposite party (insurance co.) has repudiated the insurance claim of the petitioner-complainant who sustained loss of grains at Mumbai port which were transported from Myanmar to Mumbai.

(3.) Brief facts relevant for the disposal of this revision petition; that on 15.01.1997 complainant took a 'Marine Policy (cargo) ' from the OP for a consignment of 150 metric tons (3000 bags) of Mung dal from Myanmar to Mumbai, for sum insured of Rs. 21,97,000/-. The policy was effected from 16.01.1997 and valid for six months. As per complainant the consignment was unloaded at the Mumbai Port on 20/21.1.1997 and due to mishandling during unloading out of 3000 bags 1400 bags were spoiled-damaged, torn resulting in to spillage of contents admixed with dirt and other material. Complainant informed the incidence to the insurance co.- OP, the Bombay Port Trust and the agent involved in the deal. The OP's surveyor M/s P.M.Patel & Co. assessed the loss amounting to Rs.4,01,881/-. Accordingly, the claim was submitted by the complainant ,but it was repudiated by the OP on 22.12.1997. Being aggrieved by the repudiation and deficiency in service from the OP, the complainant filed a complaint No 118/2000 against the OP before the District Forum, Jalgaon on 22.02.2000.