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V.K.JAIN
Jaiprakash Associates Ltd. – Appellant
Versus
ICICI Lombard General Insurance Co. Ltd. – Respondent


Counsel for the Parties:
For the Complainant:Mr. A. N. Haksar, Sr. Advocate, Mr. Tarun Dua, Mr. Rajan Raj, Mr. Mayank Grover, Advocates
For the Opp.Party:Mr. Gopal Jain, Sr. Advocate, Mr. Amit Tyagi, Mr. Shashwata Pandey, Ms. Chinmayee Chandra, Advocates

ORDER

V.K. Jain, Presiding Member—The complainant company obtained a Marine Import Insurance (Open) Policy dated August 16, 2008 from the opposite party-ICICI Lombard General Insurance Company Limited, which covered transportation of machine etc. of the complainant, from anywhere in the world, to any place in India through sea/air/road. The said policy therefore also covered the transportation of one ‘Horizontal Boring Machine’ (hereinafter referred to as ‘Machine’) from the Port of Bilbao, Spain to Nhava Shiva Port in Mumbai, India during the period from 12.07.2008 to 11.07.2009. The said machine had been manufactured by M/s. Juaristi TS Commercial, and was packed by them in 7 wooden containers containing its various assemblies. According to the complainant, packing of the said machine was as per the best international practices for transporting such machine by sea and the said packing was well equipped to withstand the ordinary foreseeable incidents during its transit. This is also the case of the complainant that similar packing was being used by the manufacturer for transp





















































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