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SUPREME COURT
N. V. Ramana, J
Silversons v. Oriental Insurance Company Limited Through Managing Director and Another
| Table of Content |
|---|
| 1. facts surrounding claim and repudiation. (Para 1 , 4 , 5) |
| 2. arguments on liability and prompt notice. (Para 6 , 7) |
| 3. court's interpretation of prompt notice and insurance obligations. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. final outcome of the appeal. (Para 14) |
1. This appeal is directed against the order dated 17-11-2003 passed by the National Consumer Disputes Redressal Commission (for short "the National Commission") whereby the order passed by the State Consumer Disputes Redressal Commission, Maharashtra (for short "the State Commission") holding the insurer i. e. Oriental Insurance Co. Ltd. and the carrier i. e. M/s Greenways Shipping Agencies (P) Ltd. jointly and severally liable to pay Rs 11, 45, 000 to the appellant with 15% interest from the date of complaint till payment and cost of Rs 30, 000 in lieu of the loss allegedly suffered by it was set aside.
2. The appellant entered into an agreement with M/s Allchem Industries Inc., Florida, USA for the supply of diphenyl oxide. The goods were to be shipped from Bombay to Norfolk (USA). For this purpose, the appellant obtained Marine Cargo Policy. The container containing the barrels of diphenyl oxide were loaded
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