IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 04.10.2024 Date of Hearing: 28.11.2024 Date of Decision: 08.01.2025 FIRST APPEAL NO-665/2024 IN THE MATTER OF M/S SATISH CHEMICAL INDIA PVT.LTD.

THROUGH ITS DIRECTOR SATISH GARG AT:

KH. NO.64/22/2, VILLAGE MUNDKA, DELHI-110041 ALSO AT:

4288/4, JAI MATA MARKET, NORTH-WEST, DELHI-110035 ALSO AT:

104, TARUN ENCLAVE, PITAMPURA, SARAWATI VIHAR, DELHI-110034 MOB.:9811162073 E-MAIL: info@satishchemicalindia.com …APPELLANT (Through: Mr. Sanjay Kumar Aggarwal and Mr. Vikram Aggarwal, Advocates, Mob.9811101108, 7503473892 &

Email:sanjayaggarwal345@yahoo.com, vnewww@gmail.com)

VERSUS NATIONAL INSURANCE CO. LTD.

1/11955, 1ST FLOOR, MUSKAN BUILDING NAVEEN SHAHDARA, DELHI-110032 MOB.:9643003176 E-MAIL: kamaljeet.kaur@nic.co.in ….RESPONDENT (Through: Mr. Shubham Sharma, Advocate Mob.9811575884 &

Email:shubhamsharma234@yahoo.com)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Vikram Aggarwal, counsel for the appellant.

Mr. Shubham Sharma, counsel for the respondent.

PER : HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“

1. Brief facts of the present case are that complainant is running a business of chemical and had been taking Marine Cargo Open Policy no.366003211810000105 from OP Insurance company w.e.f 02.07.2018 to 02.07.2019 and paid premium of Rs.94,000/-. It is stated that on 18.04.2019 complainant has purchased dispatched from Kandela Gujarat, vide GR no.3266 dated 18.04.2019 in tanker no. GJ12AW0847 having goods as per invoice no. M000959 dated 18.04.2019 issued by R.R. Innovative Pvt. Ltd. in favour of complainant.

2. It is stated that on 20.04.2019 at about 5 am tanker met with an accident and overturned about 30km from Jodhpur at Jodhpur Nagpur Road. It is further stated that according to tanker driver in the process of saving a car which was overtaking the tanker suddenly turned to its left side due to which-sudden brake applied by car and tanker driver also steered his vehicle towards left side to avoid mishap with the car and in this tanker become unbalanced and went beyond control. It is further stated that the road side was sandy with small builders/stones/pits and the tanker was capsized on its left side and the chemical which is a liquid started flowing through top filing cover of all five compartments and also from compartment no.3 due to piercing of compartment sheet and material started flowing with full flow and valves of the tanker also broken. It is further stated that due to this reason the chemical had flowing out through tanker on the road and photographs are filed on record.

3. It is stated that the transporter had informed the complainant and complainant also informed the branch manager Mr. Vishal Jain of OP in the early morning and loss was also intimated. It is stated that Mr. Vishal Jain advised to intimate the claim in writing, thereafter via mail claim was intimated to OP on the same day. It is further stated that the driver and transporter of the tanker informed the police and police came after three four hours but FIR was not registered as there was no injury due to the accident. It is stated that driver was instructed by transported to take the photographs of the tanker. It is stated that complainant instructed the transporter to uplift the tanker as early as possible to minimize the loss.

4. It is stated that on 20.04.2019 at about 11.30am the transporter had called cranes for uplifting of the capcized tanker to minimize the loss and lifted the tanker and placed it at proper position. It is further stated that the accidental tanker sustained major damages and was not in position to move onwards journey, therefore, transporter arranged another MT tanker no.GJ-12-AV-9451 on 21.04.2019 and the carrier informed that they will manage pump and other items to transfer the left over material from the acci