Ahmedabad Ombudsman Centre
Case No. GIC / OIC / 1 / 141
Mr. Iqbal Parvez
Vs.
Oriental Insurance Co. Ltd.
Claim under Marine Transit Policy. There was a short delivery of 4 Packets of goods destined to Noida. Complaint sought for exemption from personal appearance Documents submitted by both the parties were enough to decide the case and hence, it is considered not necessary to call either of the parties of hearing. It is observed that the subject Policy was for Marine Cargo – Inland Transit – Cover Type “B” As the Cover extended was Type – B, the liability for such loss does not vest on the Respondent, but if it was Type – A, it will cover all Risks. The possibility of erroneous typing on the phase of Cover did not rule out. Therefore, the issue was examined on the Rate of Premium charged. It is observed that the Premium was charged @ 1 % on the declared value of the goods.
Complainant quoted an identical case of Policy issued by the Respondent to one Mr. K. L. Jagatia, wherein the destination, Transporter, Premium charged @ 1 %, date of loading were all same and the said Policy was issued under Cover Type – A. Respondent could not indicate the reason for denial of Type – A Policy to the Complainant while Charging the same Premium Rate. Further the Respondent had appointed Survey or and if the Cover was Type – B, why the survey was conducted as the Claim was not admissible because it being a Type – B Cover. Opined that it may be a printing error and benefit of doubt casts in favour of the Complainant. Respondent to pay Rs. 12,200/- (not disputed by the Respondent) alongwith refund of Rs. 1,272/- paid to Surveyor by the Complainant.
