Gujarat State CDR Commission – Marine Policy
Marine Policy – Urea imported from Oman – Shortage in the shipment of Urea confirmed in the Pre-discharge survey report - Section 79 of the Marine Insurance Act, 1963 – Right of Subrogation - Complaint filed by Insurer as subrogee with the assured is maintainable – Arbitration clause in the Conditions of Carriage of Bill of lading is no bar to the consumer complaint
On 15.4.2008, the complainant no.1 had imported 32469.628 M/T dry bulk granule Uria, on behalf of Ministry of Chemicals and Fertilizer, Government of India, from Oman to Kandla Port. It was insured under the Marine Policy. After shipment of the consignment, the Government of India sold and transferred the same to the complainant no.1.
On 17.4.2008, the consignment had arrived at Kandal port. The surveyors appointed by the complainant no.1 and the complainant No.2 Insurer had carried the pre-discharge survey on board of the vessel. It was found that there was shortage / short landing of 585.285 MTs.
The complainant No.2 Insurer made payment for the loss and subrogated itself to all rights and remedies of the complainant no.1 in respect of subject claim vide letter dated 21.4.2009, in accordance with Section 79 of the Marine Insurance Act to file present complaint jointly.
The complainants filed the complaint that non-payment of shortage of 585.285 MTs to the tune of Rs.37,87,964/- by the respondent is illegal.
It was held, on the basis of report of draft survey to determine the quantity in the vessel, that there was shortage of 585.285 MTs urea, that the complaint by the Insured and the Insurer is maintainable, that the arbitration clause is no bar to the consumer complaint and that the opposite party is liable to pay for the shortage. The complaint was partly allowed.
Complaint No.23 of 2010 – Indian Farmers Fertilizers Cooperative Ltd and others Vs. International Shipping and Logistics FZE
