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S.S.SANDHAWALIA, BASANTI DEVI, S.KULWANT SINGH
DEEPAK INDUSTRIES LIMITED – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. – Respondent


Counsel for the Parties :
For the Complainant : Mr. K.K. Aggarwal, Authorised Representative.
For the Opp. Parties :Mr. D.P. Gupta & Mr. S.K. Gularia, Advocates.

ORDER

S. Kulwant Singh, Member—This complaint has been filed against opposite party No. 1 National Insurance Company Ltd.. and opposite party No. 2 Associated Road Carriers Ltd., New Delhi in respect of damage to the consignment which was insured with opposite party No. 1 during transportation by opposite party No. 2 from Ernakulam to the New Allenberry Works, Faridabad on the ground of deficiency in service on account of rejection of the claim filed by the complainant for reimbursement of the damage caused to the consignment which was covered by transit insurance with opposite party No. 1.

2. The facts of the case are not in dispute. Briefly stated the New Allenberry Works, Faridabad placed an order for the supply of an HMT CNC Turning Centre STC 25 machinery which was despatched from Ernakulam on 12th of February, 1990. On receipt of the despatch advice the New Allenberry Works approached the Faridabad Office of the Insurance Company on 14.2.1990 for issue of a policy for covering any loss or damage during transit. The requisite premium was paid and the said policy was issued on 14.2.1990. However the risk coverage has been shown to be from 12.2.1990 during transit from Ernakulam t























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