Insurer not liable for claims due to insured's breaches of policy terms regarding packing and overloading.

1. The present Appeal is filed against the order dated 05.08.2015 in Consumer Complaint No. CC/07/31 passed by State Consumer Disputes Redressal Commission, Maharashtra.

2. The Complainant/Appellant is a Company dealing with Import-Export, manufacturing of Transformer Core Lines/Lamination steel coils since 1991. It has a factory unit at Silvassa and Palghar. The case of the Complainant/Appellant is that they took a Marine Cargo Import Specific Policy No.-MCG-0000810600000 from the Opposite Party/Respondent on 23.05.2006 for the cargo C.R.G.O. Electrical Steel Coils HIB Grade Weighing 44.00 Metric Ton (hereinafter referred as ‘Cargo’) for Voyage from “Any United States Port to Nhava Sheva (Jawahar Lal Nehru Port, Mumbai) and thence to final destination” for the assured sum of Rs.94,38,500/- by paying a premium of Rs.6,886.50/-. The consignment of C.R.G.O Electrical 9 Steel Coils HIB GRADE Weighing 37.017 Metric Ton was loaded on board vessel M.V. Indamex Godavari, which left the Port of Norfolk United States and arrived at Nhava Sheva Port, Mumbai on 23.05.2006. Thereafter the consignment was unloaded and the same was entrusted to Shri Maateshwari Transport, the inland transport/road carrier for carriage by truck from Nhave Sheva Port (Mumbai) to Silvassa (Dadar and Nagar Haveli). On 28.07.2006 the said truck/trailer met with an accident at Modgaon Udhava (Talasari). A Police report was lodged at Kasa Police Station on 28.07.2006. The incident was reported to the Opposite Party on 28.07.2006 itself. Opposite Party appointed Surveyor M/s Trans Ocean Marine and General Survey Agencies on 28.07.2006, who submitted the survey report on 04.09.2006. The Opposite Party repudiated the claim, vide letter dated 23.11.2006 on the ground that the cause of loss was directly attributable to “overloading” of the trailer and inadequate packing of the items, in violation of the terms & conditions of the Insurance Policy. The Complainant was not supplied copy of the Survey Report. Aggrieved by repudiation of claim, the Complainant filed Consumer Complaint No.31 of 2007 with the State Commission, Maharashtra, Mumbai.

“A. To hold and declare the opposite party guilty of deficiency in service and negligence and unfair trade practice as per the provisions of the consumer protection act.

B. To direct the opposite party to pay the genuine claim of the complainant as per particulars of claim, EX ‘G’ the Complainant refer to and rely upon the same for the sum equivalent of Rs.78,75,701/-,towards amount of claim plus interest at 18% per annum from the date of the claim till realization and payment plus compensation towards loss of business of Rs.5,00,000/- plus interest thereon plus expenses of Rs.1,00,000/- plus costs of this complaint.

C. For such other reliefs as this Hon’ble Commission may deem fit.”

3. The Complaint was contested by the Opposite Party by filing written statement that the weight of the cargo/consignment was 36.75 M.T., which was unloaded at Nhava Sheva, and entrusted to Shri Maateshwari Transport for carriage from Nhava Sheva to Silvasa, Dadra and Nagar Haveli. The abovementioned Cargo was contained in two Containers. The said container was destuffed and the Cargo containing 9 steel coils were loosely loaded to the trailer/truck bearing Registration No.MH-06/A-2732 secured with ropes. According to the relevant Marine Insurance Policy, the loss or damage due to insufficiency or unsuitability of packing which also includes ‘stowage’ in the container or truck is expressly excluded. The original packing in the container was disturbed due to destuffing in the 2^nd stand of transit. Hence, the sea voyage risk was terminated at the port of discharge when the Cargo