S.P.KAPOOR, K.K.SRIVASTAVA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
DEV SPINNERS LTD. – Respondent
Maj. Gen. S.P. Kapoor, Member—This is an appeal against the order of District Consumer Disputes Redressal Forum-II, U.T., Chandigarh [hereinafter for short, referred to as District Forum-II] dated 9.12.2003 in Complaint Case No. 432 of 2001, M/s. Dev Spinners Ltd. v. National Insurance Company Limited and Others.
2. The complaint in brief is that the complainant which is a Limited Company, purchased new machinery for starting its new unit from M/s. LMW Limited Company, Coimbatore and this new plant was to be commissioned in July, 1998. The machinery was transported from Coimbatore to Dera Bassi, District Patiala through O.P. No. 3. The machines were duly insured for transit by the O.P. Insurance Company i.e., O.P. Nos. 1 and 2. Copy of the Insurance Cover Note is Annexure C-4. On 14.6.1998 O.P. No. 3 informed the complainant that the truck carrying the machinery had met with an accident. On 16.6.1998 the complainant informed O.P. Nos. 1 and 2 of this accident. Copy of the F.I.R. along with photographs of the accidental truck were also handed over to O.P. Nos. 1 and 2. The complainant had paid to O.P. No. 2 Rs. 16,025/- as freight charges, Annexure C-7 refers. The complainant re
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