BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, JAIPUR

FIRST APPEAL NO:52/2020

Bajaj Allianz General Insurance Co. Ltd. Regd & Head office at GE Plaza,

Airport Road, Yerwada, Pune through its authorised signatory.

Vs.

M/s. Handicraft Haveli Gujar Ghati, Near Air Force School, Amer Road, Jaipur

through its Proprietor.

Date of Order 6.9.2021

Before:

Hon'ble Mr. Justice Banwari Lal Sharma-President

Hon'ble Mrs. Shobha Singh -Member

Mr. Vizzy Agarwal learned counsel for the appellant

Mr.R.S.Dangayach learned counsel for the respondent

BY THE STATE COMMISSION ( PER HON'BLE MR. JUSTICE BANWARI

LAL SHARMA, PRESIDENT ):

2

Present appeal is preferred by the appellant insurer assailing the impugned order dated

22.11.2019 passed by the learned DCF Jaipur 3^rd in Complaint Case No. 897/2012

(Old No. 453/2009 ( M/s. Handicraft Haveli Vs. Bajaj Allianz General Insurance Co.

Ltd.) whereby the learned DCF partly allowed the complaint of complainant

respondent in following terms:

^^vr% ifjoknh dk ifjokn foi{kh ds fo#) vkaf'kd :i ls Lohdkj fd;k tkdj vkns'k

fn;k tkrk gS fd og ifjoknh dks 8500 MkWyj ds 39-85 :i, izfr MkWyj ds fglkc ls vnk

djs ,oa bl jkf'k ij Dyse [kkfjt djus dh fnukad 22-10-2008 ls vnk;xh rd 9 izfr'kr

okf"kZd dh nj ls lk/kkj.k C;kt vnk djsA lkFk gh ifjoknh dks gqbZ ekufld osnuk o

ijs'kkuh ds fy, 25000@& v{kjs iPphl gtkj :i, o ifjokn [kpZ ds :i esa 10]000@&

:i, v{kjs nl gtkj :i, dh jkf'k ifjoknh izkIr djus dk gdnkj gSA vkns'k dh

vuqikyuk gsrq ,d ekg dk le; fn;k tkrk gSA bl vof/k esa vkns'k dh ikyuk ugha djus

ij ifjoknh mDr ekufld osnuk o ifjokn [kpZ dh jkf'k ij vkt vkns'k fnukad ls

vnk;xh rd dh vof/k ds fy, 9 izfr'kr okf"kZd dh nj ls lk/kkj.k C;kt izkIr djus dk

gdnkj gSA**

Brief facts relevant for this appeal are that the respondent complainant took a Marine

Open Insurance Cover No. OG-09-1401-1006-00000012 dated 23.4.2008 from

appellant insurer for the period from 21.4.2008 to 20.4.2009 vis-a-vis loss of or

damage to cargo of all kinds of handicraft

3

items and statues made up of marble and sandstones in standard international packing

with mode of transit being via sea and air from Jaipur to anywhere in the world. The

complainant firm sought to send a cargo consisting of marble carved panel with

frame, brass hanging oil lamp + door handle and marble base (stand) to one Shodhan

Sujata Trivedi of 2422 Carrington Place, Oakville L6J 6G5, Canada via invoice no.

HH/2008-2009/19 dated 15.4.2008. The total value (cost, insurance, freight ) of the

said cargo was US$ 10,500/-. The aforesaid cargo was received by the respodent

complainant in damaged position which was informed to the insurer by the

complainant but the appellant insurer repudiated the claim on the ground that at the

time of delivery the goods were in good condition and the destination place shown by

the consignor is Montreal and at the place of destination i.e. Montreal the goods were

delivered in good condition. Aggrieved by the repudiation letter the complainant filed

a complaint before the learned DCF on 24.6.2009.

In reply the appellant pleaded that insurance was only for air and sea routes it was not

coverable on road. It is further pleaded that it was on the basis of warehouse to

warehouse.

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Since the goods were delivered at Montreal in good condition thereafter from

Montreal to Oakville the consignee took the goods by its own on road and this route

does not cover by the insurance policy. It was also pleaded that the box was clearly

indicating that which side should be up and which side should be down and as per

survey report after unloading it was carried upside down and then pushed on the floor

by the consignee and this risk does not cover by the insurer. Lastly it was pleaded that

claim was rightly repudiated by the insurer and prayed that complaint may be

dismissed.

Both parties filed their affidavits and documents in support of their pleadings.

Thereafter vide order dated 23.

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