Mr. Justice M.B. Shah, President—Five complaints were filed against M/s. National Insurance Company Ltd. (hereinafter referred to as the Insurance Company) contending that the complainants were carrying on business of processing cashew nuts and in that connection they purchased dried raw cashew nuts in shells from a party in United Kingdom which was to be transported by sea from Apapa, Nigeria, via Colombo to be off-loaded at Tuticorin, from where it was to be carried by road to the business premises of the complainants around Mangalore. The cargo was booked in sea-worthy polypropylene bags, each bag containing 80 kgs. of cashew nuts (net) which were put in containers for being transported by sea. The goods were insured and the opposite party issued policies to the five complainants on different dates for different sums assured under each policy. It appears that when the cargo reached Colombo Port from Apapa, Nigeria, there was some delay in transhipment and when the goods reached Tuticorin, they were found to be affected by rain water, resulting in deterioration in value and quality of the packed cashew nuts to such an extent that they had become virtually useless.

2. In the