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H.S.BRAR, C.P.BUDHIRAJA
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
GURDIP SINGH – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. Paul S. Saini, Advocate.
For the Respondent No. 1:Mr. J.S. Uppal, Advocate.
For the Respondent No. 2: Ex parte.

ORDER

Mr. Justice H.S. Brar, President—It is an appeal against the order dated 5.4.2002 of the District Consumer Disputes Redressal Forum, Jalandhar (herinafter called the District Forum).

2. Resondent No. 1 complainant (herinafter called the complainant) had purchased an open marine policy (photostat copy of cover note is Ex. C-3) to cover the risk of the goods despatched by rail or road transport to various destinations in India. The terms of the cover note indicate the covering of the goods by rail/road risks and all risks from warehouse to warehouse. The policy was purchased to avoid any risk of damage to the seed potatoes during transit as the complainant claims to be an agriculturist and produces high quality potato seeds and sends the same to various agricultural farms and individual growers in the country. In the case in hand, the complainant had despatched 490 bags of seeds potato from Jalandhar to Dharwad (Karnataka) as per bill No. 3227 dated 27.6.1988 for a total sum of Rs. 3,21,650/-. The goods were sent from Jalandhar to Delhi in four trucks as large trucks (trailers) were not available in Jalandhar. From Delhi, the goods were transhipped to three large trucks (trailers









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