Date : 15.02.2014 

DEBASIS BHATTACHARYA, PRESIDING MEMBER

         Being aggrieved by and dissatisfied with the order dated 25.06.2014 passed by the Ld. District consumer Disputes Redressal Forum, Kolkata, Unit-II (in short, District Forum), in CC No. 204/2013, the Complainant thereof has preferred this appeal. By the impugned order, the case has been allowed in part.

         Case of the Complainant is that it took a Carriers Legal Liability Insurance from the OP for its tanker on 21.11.2011 being Policy No. 51020036111100000030 for a sum assured of Rs.25, 00,000/- for the period from 21.11.2011 to 20.11.2012. On 23.11.2011 at 10.30 AM, the said insured vehicle which was carrying diesel met with an accident near Gram Damua, where it turned upside down and oil spilt, which was informed to the local police station and notified to the OP immediately along with claim form for disbursement of the claim suffered by the Complainant. But, on 11.03.2013, the OP repudiated the valid claim as “No Claim” on hypertechnical ground, that the Tanker was actually loaded on 08.11.2011, when there was no Insurance Policy.  Due to such damage of the goods,  the Indian Oil Corporation Ltd. has deducted a sum of Rs. 7,20,488/-. Such contention is an absolutely frivolous one as the OP issued the policy for the loaded tanker on 21.11.2011, while the accident took place on 23.11.2011. Accordingly,  the case.

        On the other hand, the case of the OP is that the insured was transporting oil for Indian Oil Corporation in tanker which allegedly met with an accident on 23.11.2011, resulting in loss and draining out of oil. The IOC lodged a claim of Rs.7,20,488/- for such loss/drainage of oil. Accordingly, the Insurance Company appointed a Govt. licensed Surveyor, Mr. Dilip Kumar Saha who submitted his final survey report, wherein it has been specifically pointed out that the tanker in question was placed at the Indian Oil Corporation terminal on 08.11.2011 and was loaded on the same date, but  it did not commence its journey then and was  detained for 12 days till the policy was taken on 21.11.2011 and the journey also commenced simultaneously and thereafter the alleged accident took place on 23.11.2011, which is a breach of the terms and conditions of the policy. Accordingly, the case be dismissed.

        It is to be considered if the prayer for an enhancement of the compensation by the Appellant / Complainant is a rightful one requiring interference in this appeal.

Decision with reasons:

      Ld. Advocate for the Appellant has submitted that only 50% of the assessed loss made by the Surveyor has been awarded in favour of the complainant / Appellant by the Ld. District Forum in the impugned order. This is simply basing on hypertechnical ground. This is no reason that on the day of loading on 08.11.2011 in the tanker, there was no insurance, but when the vehicle moved out with the goods it had proper insurance of the OP/Respondent. In fact, the Indian Oil Corporation Ltd., Kolkata has claimed a payment of Rs.7, 20,488/- as compensation against the short delivery, which has been noted by the Surveyor also. There is no justification for awarding the compensation on non standard basis by the Ld. District Forum as such.

        Ld. Advocate for the Respondent has submitted that insurance coverage is from a later period and not at the time of loading of the carrier, which is a breach and suppression of the material fact of loading earlier.

        At the relevant time of the incident of accident, which the main factor, that is, on 23.11.2011 there was a valid insurance coverage of the vehicle from the OP/Respondent. There is no kind of any such violation and breach of policy condition per se in the matter by the Complainant / Appellant, who is entitled to the assessed loss as made by the Surveyor, which Rs.5,32,475/-. Accordingly, the appeal is allowed. The impugned order is modified.Thus, the OPs is hereby directed to pay a sum of Rs.5,32,475/- (Rupees Five lakh thirty two thousand four hundred seventy five) only as final settlement of claim to the Complainant within one month from the date of this order, in default the OP is to pay an interest @ 12% p.a. from this date till payment.