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M/s. Videocon Industries Ltd. (Formerly Known As Videocon International Ltd.) (Videocon Narmada Glass) Ahmednagar v/s Oriental Insurance Co. Ltd., Divisional Manager, Ahmednagar


Company & Directors' Information:- VIDEOCON INDUSTRIES LIMITED [Active] CIN = L99999MH1986PLC103624

Company & Directors' Information:- THE ORIENTAL INSURANCE COMPANY LIMITED [Active] CIN = U66010DL1947GOI007158

Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- K S GLASS INDUSTRIES PRIVATE LIMITED [Active] CIN = U26100GJ2010PTC062375

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- INTERNATIONAL INDUSTRIES PVT LTD [Active] CIN = U70101WB1941PTC010846

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- H G E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U19115UP2011PTC045112

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- R T S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63022DL1997PTC089328

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- F M GLASS INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045350

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- V. S. Y. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035521

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- ORIENTAL INDUSTRIES LIMITED [Active] CIN = U00000CH1999PLC022357

Company & Directors' Information:- K J GLASS INDUSTRIES PRIVATE LIMITED [Active] CIN = U26960MH2011PTC212552

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- S K INTERNATIONAL GLASS PRIVATE LIMITED [Strike Off] CIN = U26100KA2008PTC047273

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- M S GLASS INDUSTRIES LIMITED [Under Liquidation] CIN = U27203WB2008PLC125907

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- D. J. INTERNATIONAL LIMITED [Strike Off] CIN = U65910MH1999PLC119298

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- A & V GLASS INDIA PRIVATE LIMITED [Active] CIN = U27310DL2007PTC167893

Company & Directors' Information:- NARMADA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17118RJ1998PTC014852

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- B D J GLASS INDUSTRIES PVT LTD [Active] CIN = U26101WB1991PTC052005

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- THE ORIENTAL COMPANY LIMITED [Active] CIN = U67120WB1935PLC094079

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- ORIENTAL INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048699

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- H P AND B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50500DL1999PTC100851

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- J G GLASS INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1963PTC012627

Company & Directors' Information:- ORIENTAL COMPANY LIMITED [Not available for efiling] CIN = U70101RJ1935ULL000047

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- ORIENTAL INDIA LTD [Strike Off] CIN = U51226WB1983PLC036505

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- GLASS AND GLASS (INDIA) PRIVATE LIMITED [Active] CIN = U26100MH1996PTC102597

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- VIDEOCON INTERNATIONAL LIMITED [Amalgamated] CIN = U32109MH1985PLC035112

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- B N GLASS PRIVATE LIMITED [Strike Off] CIN = U00321KA1995PTC018164

Company & Directors' Information:- M. S. GLASS INDIA LIMITED [Strike Off] CIN = U74999WB2011PLC166844

Company & Directors' Information:- A H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U55101RJ2021PTC073171

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- S K GLASS INDUSTRIES PRIVATE LTD [Strike Off] CIN = U26101DL1981PTC012407

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- G K S INDUSTRIES PVT LTD [Strike Off] CIN = U24119OR1982PTC001128

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- S B GLASS PVT LTD [Active] CIN = U36900WB2006PTC108559

Company & Directors' Information:- D I D INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U28112MH2014PTC258750

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- T C G INDUSTRIES PRIVATE LIMITED [Converted to LLP] CIN = U13200MH1958PTC011079

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- R C GLASS PRIVATE LIMITED [Strike Off] CIN = U36912WB2013PTC198212

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- ORIENTAL CORPN PVT LTD [Active] CIN = U51909GJ1937PTC000133

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- S M GLASS INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900PN2013PTC146888

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- V H GLASS PRIVATE LIMITED [Strike Off] CIN = U26101DL2005PTC133695

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- R I K INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC283801

Company & Directors' Information:- Y & H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63000DL2014PTC266649

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- THE GLASS CORPORATION PVT LTD [Strike Off] CIN = U74999RJ1947PTC000025

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- AHMEDNAGAR COMPANY LIMITED [Dissolved] CIN = U99999MH1919PTC000550

Company & Directors' Information:- ORIENTAL CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1937PTC002741

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    Consumer Case No. 18 of 2011

    Decided On, 23 September 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE RAM SURAT RAM MAURYA
    By, PRESIDING MEMBER

    For the Complainant: Harish Sandhu, Advocate. For the Opposite Parties: Abhishek Kumar Gola, Advocate.



Judgment Text

1. Heard Mr. Harish Sandhu, the counsel for the complainant and Mr. Abhishek Kumar Gola, the counsel for the opposite parties.

2. M/s. Videocon Industries Limited (the complainant) (hereinafter referred to as the Insured) filed the present complaint, for directing Oriental Insurance Company Limited and others (the Insurer) to pay (i) the claim of Rs.4,17,56,084/- under the Insurance Policy, (ii) interest @ 18% per annum on aforesaid amount, (iii) Rs.10/- lakhs as the compensation for mental agony and harassment, (iv) Rs. 5/- lakhs as cost of litigation and (v) any other relief as this Commission may deem fit and proper in the circumstance of case.

3. The facts as stated in the complaint are as follows:-

(a) M/s. Videocon Industries Ltd. was a flagship company of Videocon Group. Videocon Narmada Glass Division was a Colour T.V. glass shell factory at Chavaj, Bharuch, Gujarat. The Insured placed purchase orders, for purchasing Caterpillar Diesel Engine Generator Sets and accessories, to Caterpillar Motoren GmbH Company KG in Germany. After purchasing, the generator sets and the accessories were securely packed in 24 consignments and dispatched through voyage from Hamburg Seaport in France against separate Bills of Lading to Indira Seaport, Mumbai, India, where it were unloaded on 14.02.2004. Thereafter, these consignments were transported through road from Mumbai to the Insured premises at village Chavaj, district Bharauch, Gujarat during 17.02.2004 to 20.02.2004.

(b) The opposite party is a Public Sector Insurance Company. The Insured obtained Marine Cargo-Inland Transit-Cover Type-A (Rail/ Road) Open Policy No. 2004/168, effective from 18.08.2003 to midnight of 17.08.2004, covering all risk Cover Type (A)+ SRCC (Strike Riot & Civil Commotion Clause), from anywhere in India to anywhere in India. Total sum assured was Rs.80 crores, on which premium of Rs.4,20,000/- + Service tax of Rs.33,500/- total Rs. 4,53,001/- was paid on 18.08.2003. Limit per transit was Rs.8 crores. By paying extra premium, an endorsement in the said Policy was made on 12.04.2004, extending coverage to Rs.100 crores.

(c) The Insured arranged for unloading the Generator Set from the trailer on 23.02.2004. When the driver was shunting the trailer, for final place of unloading, one side rear wheel went in slope. Due to which, body of the trailer was tilted in one side and the Generator Set slipped from the trailer, fell down on the ground and damaged.

(d) The Insured informed the Insurer on 24.02.2004, regarding damage of the Generator Set, during transit and claimed Rs. 12/- crores, (the cost of the Generator set+ excise duty+ conveyance charges) as the loss. The Insurer appointed M/s. A.K. Gupta & Associates, Ghaziabad, for survey and assessment of the loss on 26.02.2004. The Surveyor inspected the spot on 28.02.2004 and 22.03.2004 and sought for various documents/information from the Insured, which were supplied to him. The Surveyor submitted his Status Report dated 23.03.2004. In this status report, the Surveyor noted that during his inspection, Generator Set was lying toppled on the ground. He requested the Insured to straighten it, so that external damage could be noted. He also requested to arrange for inspection of internal damages, but the request was avoided on one or other pretext. Technical report from the manufacturer was not supplied, to assess the loss. He tentatively assessed the loss of Rs. 7 crore, on repair basis. However, the Surveyor submitted that the Insurer’s liability is restricted to physical damages only, for the replacement of damaged part.

(e) The Insured arranged for repair of the Generator Set, through Caterpillar Chennai and their Engineer from Germany. After examination, they found that the Generator Set was repairable and assessed the cost of repair to Rs. 322.82 lakhs. The Insured informed the Surveyor, in this respect on 22.09.2004. Subsequently after examining the bills and vouchers, the Insured reduced his claim to Rs.257.76 lakhs as per letter dated 13.01.2005. The Insurer, however, did not make any settlement of the claim.

(f) The Surveyor submitted his Report dated 20.04.2006, in which, he raised doubts, about the incident of loss having been occurred during transit, for the reasons i.e. (i) From the record of AIG General Insurance Co. Ltd. Mumbai, who instructed M/s. J.B. Boda Surveyors Pvt. Ltd. for inspection of the consignments, after unloading at seaport Mumbai, shows that the consignments had to be transported by (i) M/s. ABC India Ltd., Mumbai or (ii) Nambros Transport Pvt. Ltd., Gujarat, while according to the Insured, the consignments were transported by Pawan Transport, Ballad Pier, Mumbai, on same GR. (ii) The trailers reached the premises of the Insured on 20.02.2004 but unloading of Generator Set was allegedly done on 23.02.2004 and there was no reason for waiting three days. (iii) There was no endorsement in GR, regarding damage of the consignment, as produced by the Insured, (iv) Pawan Transport has issued damage certificate, although there was no evidence before him regarding the damages being caused during transit, as the driver, who caused damage, was allegedly absconding, (v) Unusual delay was caused by the Insured in submitting his declaration, (vi) During visit on 28.02.2004, Mr. P.S. Nathan, Engineer-in-charge of the Insured, orally informed that the Generator set was delivered in sound condition by the transporter. But when it was being shifted to generator room for installation, it was fallen down and damaged.

(g) After report dated 20.04.2006, several round meetings were held by the Insured with the officers of the Insurer. A meeting was held at the Regional Office, Pune on 14.06.2006. Thereafter, the Insurer appointed J.C. Bhansali & Co., Surveyor and Loss Assessor, Pune, for verification of the declaration of the Insured. The Surveyor of J.C. Bhansali & Co. visited the office of the Insured on 26.03.2007 but the Insured did not co-operate him. J.C. Bhansali & Co., through its letter dated 31.03.2007, requested to fix/inform the date, time and place for his verification but the Insured did not reply at that time. After various efforts, J.C. Bhansali & Co. ultimately verified the declaration and submitted its report dated 20.10.2008 that the declaration submitted by the Insured was verified and tallied from his record, except few consignments, which were not included in the declaration. He submitted clarification letter dated 20.04.2009, also.

(h) When the Insurer did not take any decision, the Insured appointed M/s. Trans Ocean Marine and General Survey Agencies, Navi Mumbai, who after inquiry submitted his report dated 10.07.2010, stating that the damage was caused, while unloading the Generator Set from the trailer. Even if the damage was caused during shifting the Generator Set to final place of storage, after unloading, then also the claim was liable to be settled as the transit continued till the delivery to the final warehouse at the destination, under duration clause-5 of the Policy. However, he disallowed certain expenses and assessed the loss to Rs.157.76 lakh.

(i) The Insured sent the report dated 10.07.2010 and an affidavit of P.S. Nathan to the Insurer, through letter dated 05.08.2010, and requested to settle his claim, according to this report. When nothing was done, then this complaint was filed on 28.02.2011.

4. The Insurer contested the case and filed its written reply on 22.07.2011, in which the facts that the Insured obtained Marine Cargo-Inland Transit-Cover Type-A (Rail/Road) Open Policy No. 2004/168, effective from 18.08.2003 to midnight of 17.08.2004, covering all risk Cover Type (A)+ SRCC (Strike Riot & Civil Commotion Clause), from anywhere in India to anywhere in India, endorsement in the said Policy on 12.04.2004, extending coverage to Rs.100 crores and transportation of Caterpillar Generator Set from Mumbai dock on 17.02.2004 and reaching it to the factory of Insured at village Chavaj, Bharuch, Gujarat on 20.02.2004, were admitted. However, relying upon the report of M/s. A.K. Gupta & Associate dated 20.04.2006, the Insurer has been stated that loss did not occur during transit of the Generator Set rather it occurred while shifting it at the place of installation, due to mishandling by the agents of the Insured. During survey, when the surveyor of M/s. A.K. Gupta & Associate visited the spot on 28.02.2004, M.S. Nathan, Engineer-in-charge of the Insured, orally informed that Generator Set was unloaded from the trailer on 20.02.2004, in sound condition; when it was being shifted on 23.02.2004 to the place of installation, then due to mishandling by the agents of the Insured, it was fallen down on the ground and was damaged. However, M.S. Nathan refused to give his aforesaid statement, in writing. The Insured did not supply requite information and documents as demanded by the surveyor in usual time. Later on, the Insured gave a GR No. 754 of Pawan Transport, alleging that Generator Set was transported to his factory premises through Pawan Transport. This GR was clean, inasmuch as it did not contain any writing of the driver or the Insured that the damage was caused at the time of unloading. The Insured took plea that at the time, when the Generator Set slipped from the trailer, his employees were busy in arrangements and taking advantage of it, the driver run away from the spot along with trailer; this story created a doubt, inasmuch as FIR of the incident was lodged with inordinate delay on 08.03.2004. The alleged driver of Pawan Transport was never brought before the Surveyor. During survey, the Surveyor checked the papers of Indira seaport, Mumbai and found that after unloading the consignments from ship on 14.02.2004, M/s. J.B. Boda Surveyors Pvt. Ltd. Mumbai had conducted a survey of the consignments, on the instructions of M/s. Tata AIG General Insurance Company Ltd. In the report of M/s. J.B. Boda Surveyors Pvt. Ltd., the transporters were as (i) ABC India Ltd. Mumbai and (ii) Nambros Transport Pvt. Ltd., Gujarat. On its basis, the Surveyor in his report dated 20.04.2006, raised a grave doubt regarding the version of the Insured that the consignments were transported by Pawan Transport. In GR No. 754 of Pawan Transport, as supplied by the Insured to the surveyor, trailer registration numbers were mentioned as GRS 5406 and GRS 5407. On inquiry from Regional Transport Office, it was found that Nambros Transport Pvt. Ltd., Gujarat was registered owner of these trailers. The Insurer then approached the office of Nambros Transport Pvt. Ltd., Gujarat, who informed that the consignments of the Insured were transported through its trailer (registration No. Gj 15 X-8053) vide GR No. 754 on 17.02.2004 from Mumbai and it was delivered on 20.02.2004 to the factory of Insured at village Chavaj, Bharuch, Gujarat, in sound condition, as is proved from GR No. 754, containing the seal of the Insured and signature regarding delivery of the consignments on 20.02.2004. The Insured, in order justify his claim procured a GR from Pawan Transport, Ballad Pier, Mumbai, containing same number of GR, although Pawan Transport was not mentioned as the transporter, in the report of M/s. J.B. Boda Surveyors Pvt. Ltd. Pawan Transport has also issued a declaration relating to loss although it is alleged that the driver was absconding and the proprietor was not an eye witness of the incident. The surveyor was not permitted for external and internal examination of the Generator set. After delivery of the Generator set at the factory premises of the Insured on 20.02.2004, insurance cover terminated. After examination of all the papers, Regional Office was of the opinion that insurance claim of the Insured was liable to be repudiated. Regional Office forwarded all the papers, along with its comments to Head Office on 14.10.2009. The Head Office, after scrutinizing the papers agreed with the recommendation of Regional Office and through Memo dated 19.12.2010, accorded permission to repudiate the claim. However, these papers were misplaced, as such, no order could be passed at that time. After notice of this complaint, the Head Office again wrote a letter with copy of Memo dated 19.12.2010. On receiving this letter, the papers were traced and forwarded to Divisional Office, who was competent authority in this matter and then repudiation letter dated 11.04.2011 was issued to the Insured.

5. The Insured filed his Rejoinder Reply dated 20.09.2011, in which the facts stated in the complaint were reiterated. The Insured filed an Affidavit of Evidence of A.M. Gawarikar, to prove the report of M/s. Trans Ocean Marine and General Survey Agencies, Navi Mumbai dated 10.07.2010. The Insured filed documentary evidence i.e. (i) Copies of the Insurance Policies as Annexure-A, (ii) Copy of Survey Report dated 20.04.2006 as Annexure-B, (iii) Copy of Survey Report dated 10.07.2010 as Annexure-C, (iv) Copy of the letter dated 05.08.2010 as Annexure-D, (v) Copy of Affidavit of P.S. Nathan as Annexure-E and (vi) Various letters, communication between the Insured, Insurer and the Surveyors (collectively) as Annexure-D to the complaint. The Insurer filed Affidavit of Evidence of Masood Wahab. The Insurer filed documentary evidence (i) Copy of repudiation letter dated 11.04.2011 as Annexure-R-1, (ii) Copies of various letters written by M/s. A.K. Gupta & Associates (collectively) as Annexure-R-2, (iii) Copy of Status Report dated 23.03.2004 as Annexure-R-3, (iv) Copy of letter dated 23.05.2005, as Annexure-R-4, (v) Various letters, communication between the Insured, Insurer and the Surveyors (collectively) as Annexure-R-5, (vi) Copy of letter dated 31.03.2007 of M/s. J.C. Bhansali as Annexure-R-6, (vii) Copy of letter dated 13.12.2007 of M/s. J.C. Bhansali as Annexure-R-7, (viii) Copy of report of M/s. J.C. Bhansali dated 20.10.2008 as Annexure-R-8, (ix) Copy of letter dated 20.04.2009 of M/s. J.C. Bhansali as Annexure-R-9, (x) Copy of the letter of Head Office dated 19.02.2010 as Annexure-R-10, with counter reply. Both the parties filed their written submission.

6. I have considered the arguments of the counsel for the parties and examined the record. In repudiation letter dated 11.04.2011, Divisional Manager found that from the report of J.B. Boda Surveyors Pvt. Ltd. Mumbai, it was proved that the consignments were delivered in sound condition at the seaport Mumbai. The transporter of the consignment did not report any damage to Generator Set during transit from Mumbai to the factory of the Insured at Chavaj, Bharuch, Gujarat. The loss has happened due to mishandling by the agency of the Insured, while shifting to generator room. After delivery of the Generator set at the factory premises of the Insured on 20.02.2004, insurance cover was terminated. Therefore, the claim was repudiated.

7. According to the Insured, the Generator Set was transported by Pawan Transport, Ballad Pier, Mumbai, on GR No. 754, from Mumbai to Chavaj. The trailers reached the premises of the Insured on 20.02.2004, but Generator Set was being unloaded on 23.02.2004 as they could not arrange technical staff previously. When the driver was shunting the trailer, for final place of unloading, one side rear wheel went in slope. Due to which, body of the trailer was tilted in one side and the Generator Set slipped from the trailer, fell down on the ground and damaged.

8. The aforesaid facts have been proved to be incorrect. On the basis of the report of J.B. Boda Surveyors Pvt. Ltd. Mumbai, it was noticed that the consignments had to be transported by (i) ABC India Ltd. Mumbai and (ii) Nambros Transport Pvt. Ltd., Gujarat. In GR No. 754 of Pawan Transport, as supplied by the Insured to the surveyor, trailer registration numbers were mentioned as GRS 5406 and GRS 5407. On inquiry from Regional Transport Office, it was found that Nambros Transport Pvt. Ltd., Gujarat was registered owner of these trailers (Pages-246, 247, 320 and 321). The Insurer then approached the office of Nambros Transport Pvt. Ltd., Gujarat, who informed that the Generator Set of the Insured were transported through its trailer (registration No. Gj 15 X-8053) vide GR No. 754 on 17.02.2004 from Mumbai and it was delivered on 20.02.2004 to the factory of Insured at village Chavaj, Bharuch, Gujarat, in sound condition, as is proved from GR No. 754, containing the seal of the Insured and signature regarding delivery of the consignments on 20.02.2004 (page-322). Thus entire story of the Insured that Generator Set was transported by Pawan Transport, Ballad Pier, Mumbai, on GR No. 754 and after the incident, the driver run away along with trailer has been proved to be false.

9. The Insured lodged FIR of the incident on 08.03.2004, i.e. with delay of about 15 days. FIR was the own version of the Insured. The alleged Panchnama was executed on 28.02.2004. The Panches of this Panchnama were not an eye witnesses of the incident as such Panchnama and FIR are not reliable documents.

10. M/s. Trans Ocean Marine and General Survey Agencies, Navi Mumbai, in his report dated 10.07.2010, has stated

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that even if the damage was caused during shifting the Generator Set to final place of storage, after unloading, then also the claim was liable to be settled as the transit continued till the delivery to the final warehouse at the destination, under duration clause-5 of the Policy. Clause-5 of the Policy is quoted below:- “5. This insurance attaches from the time of the goods leave the warehouse and /or the store at the place named in the policy for the commencement of transit and continues during ordinary course of transit including customary transhipment, if any, until delivery to the final warehouse at the destination named in the policy.” 11. The term “until delivery to the final warehouse at the destination” has been used. It does not mean or include the place of instalment. From GR No. 754, as obtained from Nambros Transport Pvt. Ltd., Gujarat, it is proved that the Generator Set of the Insured was transported through its trailer (registration No. Gj 15 X-8053) on 17.02.2004 from Mumbai and it was delivered to the factory of Insured at village Chavaj, Bharuch, Gujarat, in sound condition, on 20.02.2004, GR No. 754, contains the seal of the Insured and signature regarding delivery of the consignments on 20.02.2004. The Insured did not take a plea that the Generator Set was not delivered at his warehouse on 20.02.2004. Shifting of the Generator Set from warehouse to the place of installation is not covered under the Inland Transit Policy. Supreme Court in Bajaj Allianz General Insurance Company Ltd. Vs. State of M.P., 2020 SCC OnLine SC 401 has held that an action that is wholly unrelated to usual or ordinary method of pursuing the transportation of goods would prevent the goods from being covered under definition of the expression “in transit” under the policy. O R D E R In view of the aforesaid discussion, the complaint has no merit and is dismissed.
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