ORDER

Mrs. Rajyalakshmi Rao, Member - These are seven original petitions filed by Mr. Oscar Stephen GMBH of Emden, Germany, through its locally constituted Attorney, Mr. K.V. Ramakrishna against the National Insurance Co. Ltd. represented by its Branch Office at Baruipur, West Bengal and by the CMD of the Company at Calcutta.

2. The facts in all these complaints are similar and are as follows:

The complainant entered into nine purchase contracts to import leather gloves from Eastern Export Company Ltd., Tollygunj, Circular Road, Calcutta in July/August/September, 1995. The contracts were on CIF basis (Cost, Insurance and Freight), meaning that the cost of the goods, the insurance and the freight would be borne by the buyer, i.e. the complainant. The exporter, Eastern Export Company, Calcutta obtained an insurance cover known as Marine Ocean Policy for 110% of the contract price. The policy covered all the risks as per Institute Cargo Clause and risk to commence from the date of Bill of Lading.

3. It is the case of the complainant that as per the Institute Cargo Clause, the insurer is responsible for the goods from the warehouse of the exporter to the warehouse of the importer on all r