ORDER

A.P. Sahi, President—The dispute relates to a claim arising out of Marine Transit Risk Insurance Policy under which the Appellant was claiming a loss as against the Respondents No.1 and 2 jointly and severally to the tune of Rs.8.5 Lakh for which the goods were insured under the Insurance Policy dated 27.11.1998.

2. The claim was repudiated by the Insurance Company. Thereafter, a Claim Petition was filed before the State Consumer Disputes Redressal Commission, Maharashtra at Mumbai. It was partly allowed vide order dated 04.04.2012 against the Opposite Party No.2 (Respondent No.2 herein)-M/s. Shree Hari Shipping Pvt. Ltd. but was dismissed as against the Opposite Party No.1 (Respondent No.1 herein)-M/s New India Assurance Company Limited.

3. Aggrieved the present Appeal has been filed questioning the correctness of the impugned order on the ground that the State Commission has committed an error in absolving the Insurance Company in spite of the fact that loss and damage of goods stand proved. The Appellant contends that the Insurance Company was negligent and deficient in its services as such the liability of the loss of goods was equally on the Insurance Company as well.

4.