R.C.JAIN, S.K.NAIK
BHATIA COAL SALES LTD. – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent
ORDER
R.C. Jain, Presiding Member (Oral)- Alleging deficiency in service on the part of opposite party-United India Insurance Company Limited in settling the insurance claim of the claimant-complainant company, in respect of the loss suffered by them due to damage to their stock of imported Indonesian Steaming Coal on 7th of November, 1997, M/s. Bhatia Coal Sales Ltd., a company registered under the Companies Act, 1956, has filed the present complaint, claiming a compensation of Rs. 27,41,032 (Rupees twenty-seven lakh forty-one thousand thirty-two only) towards the insurance claim along with interest at the rate of 21% per annum from the date of the claim till its actual payment and a sum of Rs. 2,00,000 (Rupees two lakh only) towards the compensation for the deficiency in service.
2. The facts giving rise to the present complaint are in a narrow compass and may be noted thus. The complainant-company had imported 27,500 MT of Indonesian Steaming Coal in bulk from East Kalimantan Port, Indonesia to Navalakhi Port in Gujarat. The said consignment of coal was loaded on vessel M.V. Prabhudas under various Bills of Lading. For the safe transit of the coal from Indonesia and in order to se
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