ORDER

1.      Heard Mr. Shiddharth Nath, Advocate, for the complainants and Mr. Amit Kumar Singh, Advocate, for the opposite party. 

2.      Orchid Impex (the Insured) and Central Forex General Trading have filed above complaint for directing United India Insurance Company Limited (the Insurer) to pay (i) Rs.23601447/-, with interest @12% per annum from 25.07.2013 till the date of payment, as insurance claim; (ii) costs of litigation; and (iii) any other relief which is deemed fit and proper, in the facts and circumstances of the case.

3.      The facts as stated in the complaint and emerged from the documents attached with it, are as follows:- 

(a)     Orchid Impex (the Insured) was a partnership firm and engaged in export-import business. Central Forex General Trading (complainant-2) was an U.A.E. based a “single share-holder limited liability company” and engaged in export-import business. Through a sale contract dated 02.02.2013, Central Forex General Trading (complainant-2) purchased 1000 MTs ‘best quality parboiled non-basmati rice’ from Orchid Impex (the Insured). Modes of payment were 20% in advance and balance against document. The Insured had to transport rice from Raipur to Adani Sea Port, Mundra, by rail/road and from Mundra Port to Salalah Port, Somalia through voyage. Central Forex General Trading booked the vessel and nominated the vessel MSY “AMRUTA”, belonging to M/s. Euro Arian Shipping Company, Porbandar, for voyage from Mundra Port to Salalah Port. From where it had to be transported to Mogadishu, Somalia by Central Forex General Trading. The Insured purchased 1000 MTs ‘best quality parboiled non-basmati rice’ through broker at Raipur, packed in 40000 bags (25 kg. each) and prepared its Invoice dated 15.02.2013.

(b)     United India Insurance Company Limited (the insurer) was a public insurance company and engaged in the business of providing insurance services. The Insured obtained “Marine Cargo Specific Voyage Policy No.066200/21/12/01/00000633, for one voyage after 20 hours from 20.02.2013, for a sum of Rs.25542000/-, of 1000 MTs ‘best quality parboiled non-basmati rice’ packed in 40000 bags (25 kg. each), from Raipur to Adani Port Mundra and from Adani Port Mundra to Salalah Port, Somalia, on 20.02.2013.  

(c)     The Insured’s Clearing Agent “M/s. Cargo Corporation, Mundra” completed all the export formalities. Loading of rice bags in vessel was started on 20.02.2013 and completed on 26.02.2013. By that time total 36961 bags of rice were loaded as remaining 3039 bags would take time in transporting from Raipur to Mundra, as such loading was closed, as it would delay the voyage. The vessel was sailed from Adani Port, Mundra on 27.02.2013 at 14:00 hours for Salalah, Somalia. However, the vessel grounded at about 14:45 hours on 27.02.2013 at a short distance from Adani Port en-route. M/s. Omkar Shipping, Mundra, the shipping agent informed “AMRUTA’ about the incident. They tried to salvage the vessel but could not succeed.    

(d)     M/s. Omkar Shipping informed the Insured on 28.02.2013 at 1:00 hours that the vessel was grounded and sustained heavy damage from bottom and at high tide the water had ingressed into the vessel up to deck level and they were trying to pump out. M/s. Omkar Shipping informed the Insured on 28.02.2013 in morning that they had decided to jettison the cargo from the vessel. The shipping agent also informed Adani Port Authority through Clearing Agent for help in saving the remaining cargo. M/s. Euro Arian Shipping Company, Porbandar attended the vessel and informed the Insured in morning on 28.02.2013 that there was no option except to jettison the cargo.

(e)     The Insured informed on 28.02.2013 through e-mail about the incident and thereafter by letter dated 01.03.2013 about the grounding of the vessel and loss, to the Insurer. The Insurer appointed J.B. Boda Surveyor Pvt. Ltd., Mumbai on 07.03.2013 as the surveyor for survey and assessment of the loss. The surveyor after survey submit