SAVIKAR PLYBOARDS LIMITED vs ORIENTAL INSURANCE COMPANY LIMITED

MR. Justice K.K. Srivastava, President -The complainant obtained the policy of insurance from the OP-Oriental Insurance Company Limited [for short hereinafter referred to as the Insurance Company] in respect of marine cargo, which was to be delivered at Dubai, (Sharjah) UAE warehouse by sea/road/rail. A cover note No. CH/053232 dated 26.6.2000 (Copy Annexure C-3) was issued for a sum of Rs. 12,40,000/- as against proper invoice No. 0023 dated 26.6.2000. The amount of the premium which was of a sum of Rs. 3,306/- was duly paid by the complainant company to the OP - Insurance Company vide receipt No. CH/B 1442246 dated 29.6.2000 (Copy Annexure C-5). In terms of US dollars, the total value of the consignment was 21973 US $. The complainant as per the instructions and directions of the OP-Insurance Company supplied all necessary documents at the time of insurance of goods and time-to-time as and when asked for. These documents supplied include purchase order, packing list, invoice, certificate of origin, SDF form, bill of lading (Copies Annexures C-6 to C-10). The goods at the destination in Dubai, Sharjah were found partly damaged which was noticed at the time of delivery by the consignee and immediately information was given on 17.8.2000 to the OP - Insurance Company for survey and settlement of the claim along with shipping line i.e. Penguine Shipping LLC Dubai vide Annexures C-11 and C-12. The Surveyor was appointed and the Surveyor assessed the loss in his report dated 4.11.2000. The consignee/importer submitted the claim papers (Annexure C-14) on 5.11.2000 along with claim bills of 10341.87 US $ (8053.50 US $ on account of loss as per Surveyor''s report and 2013.37 US $ i.e. 25% extra as per policy condition and 275 US $ survey fee), the total of which came to 10341.87 US $. The claim was received duly by the OP-Insurance Company which called for certain documents to be furnished including the purchase bills of the consignment and some other documents and their Surveyor MR. A.N. Chopra did not receive these documents and submitted his report (Copy Annexure R-2). The OP-Insurance Company vide Annexure C-21 dated 16.5.2002 closed the claim filed as ''No Claim'' and informed their Dubai Office because the complainant did not extended co-operation to the Investigator Shri A.N. Chopra in producing the documents as desired by him.

FEELING aggrieved, the complainant company filed the complaint. Notices of the complaint were issued to the OPs who filed the written statement wherein they took the same plea and justified their closing the file as no claim. The parties led evidence in the shape of documents as well as affidavits. During the course of arguments, Mr. Ashwani Talwar, Advocate appearing for the OP-Insurance Company renewed the offer of the Insurance Company to the effect that in case the complainant furnished the documents asked for, the Insurance Company is willing to consider the claim case and to settle the same after perusing the documents. Mr. Vikas Sagar, Advocate appearing for the complainant company initially resisted the offer on the ground that the complainant was not ready to furnish to the OP-Insurance Company the purchase bills regarding the consignment or for that matter other documents that were asked for but he after getting instructions from Shri Ajay Gupta, Director of the complainant company, agreed for submitting the aforesaid documents asked for by the Insurance Company so that the claim of the complainant company could be brought to its logical end. Shri Ajay Gupta, Director was also present before us and he was willing for complying with the requirement of the Insurance Company so that the claim case can be appropriately decided by the OP-Insurance Company.

In this view of the matter, we dispose off this complaint by permitting the OP-Insurance Company to give a list of documents which were asked for by the Insurance Company including the purchase bills within two days to the learned Counsel Mr. Vikas Sagar, Advocate of the complainant. The complainant after receiving the list of documents from Mr. Ashwani Talwar, Advocate will produce such documents, which are asked for by the Insurance Company within two weeks of the receipt of the list. After receiving the documents, as aforesaid, the Insurance Company shall decide the claim of the complainant within four weeks w.e.f. the date of receipt of the documents and after associating Shri Ajay Gupta, Director of the complainant company and his Counsel Mr. Vikas Sagar, Advocate and duly communicate the decision taken by the Insurance Company on the claim case of the complainant. In case, the complainant is satisfied with the settlement of the claim, then it would be the end of the matter but in case the complainant is still dissatisfied with the settlement of the claim, it would be at liberty to file any appropriate action including the filing of a complaint case impugning the order of the Insurance Company deciding the claim in question.

A copy of this order duly attested be handed over to the learned Counsel for the parties. The time schedule, which has been mentioned above, shall be given effect to from the date the attested copy of this order is received by the learned Counsel for the complainant as well as the OP-Insurance Company. Complaint disposed of.