V.K.JAIN
NECTAR Lifescience Ltd. – Appellant
Versus
New India Assurance Company Ltd – Respondent
V.K. Jain, Presiding Member —The appellant/complainant which is a company incorporated under the provisions of Companies Act and is engaged in manufacturing of pharmaceutical products, imported Ceftriaxone Sodium (a bulk drug) from a company in Hong Kong, namely, Dawnrays International Company Limited in 3 consignments. An insurance cover had been obtained by the appellant/complainant from a Chinese Insurer namely PICC Property and Casualty Co. Ltd. to cover the risk arising in relation to the aforesaid consignment, which was to discharge at Nhava Sheva Seaport in Mumbai. The appellant/complainant had also obtained an insurance policy from M/s. New India Assurance Co. Ltd and the case of the appellant/complainant is that the said policy also covered the above referred consignments. This is also the case of the appellant/complainant that when the goods were received at Derabassi, Punjab they were found in damaged condition. The complainant therefore lodged a claim in this regard with Chinese Insurer as well as New India Assurance Co. Ltd. A surveyor was appointed by the Chinese Insurer but the claim was eventually repudiated by the said Insurer. No surveyor was appointed by the
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