Per Justice Mr. S.B. Mhase, Hon’ble President :

          Heard Ms. Rashmi Manne, Advocate for Appellant.  This appeal is directed as against the order dated 29.7.2010 in consumer complaint No. 243/2008 passed by the Mumbai Suburban District Consumer Disputes Redressal Forum, Bandra and the said consumer complaint has been dismissed.  It is admitted fact that there was a Marine Cargo Policy.  The case of the Complainant is that he was transporting Unsaturated Polyester Resin  which was valued at `7,39,555/-.  The truck carrying the said material met with an accident on 22.7.2007.  It is to be noted that the material being liquid perishable and adhesive in nature got totally destroyed in the accident.  The appellant immediately on receipt of the information on 1.8.2007 lodged his claim with the Respondent No. 1 and Respondent No.1 appointed Surveyor.  However, damaged truck and barrels were not shown to the Surveyor.  Appellant states that after continuous follow-up, the Respondent No.1 through his employee one Mr. Irfan Multani repudiated the claim without giving sufficient reasons and/or any legal justification.  For the damage, neither the site was shown nor the empty barrels which could have shown/indicated their contents (by a resedue left), were shown.  On the contrary, it appears that some of the barrels are transported.  We are trying to look into the claim affidavit of the complainant.  It does not establish anything in respect of the loss.  The Ld. Counsel for the appellant tried to submit that the liquid was perishable.  We asked how and under what circumstances it is perishable but nothing has been shown to substantiate the same on the basis of the record.  Above all, even though if it is perishable liquid, complainant was under obligation to show that after the accident, all barrels were damaged and contains of the barrels were lost.  We find it is a fraudulent claim and rightly rejected by the Insurance Company.  Hence the following order :

O R D E R

          Appeal stands rejected.  No order as to costs.

Pronounced dated 21^st September 2011.