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2017 Supreme(Online)(KER) 25893

HIGH COURT OF KERALA
SHAJI P.CHALY, J
UNITED INDIA INSURANCE COMPANY LTD – Appellant
Versus
M/S LAKSHADWEEP TRAVEL LINKS & TRANSPORT CONTRACTORS CENTER – Respondent


JUDGMENT

Ext.P1 is a complaint filed by the first respondent against the petitioner seeking compensation to the tune of Rs.38,00,000/- with interest and cost. The claim was put up by the first respondent being the owner of a Vessel MSV MOHIDDIN BHAGDADI, which was insured with the Mangalore Branch of the petitioner, which had sunk in sea on 20.2.2009 with the Cargo stored near Andrott. The claim raised by the first respondent was rejected by the Mangalore Branch of the petitioner holding that they are not co-operating with the petitioner and they have failed to produce the relevant reports including surveyor report and fitness certificate. To put it short, now, the matter is before the third respondent, State Consumer Disputes Redressal Commission, U.T of Lakshadweep, pending adjudication. According to the petitioner no opportunity is provided to the petitioner for adducing evidence which is imperative, since questions of fact as well as law is involved in the subject matter. Other contentions are raised with respect to the sittings conducted by the President without sufficient quorum etc, etc. It is also stated that the camp sitting is proposed on 25.3.2017 at Thiruvananthapuram.

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