A recognized export house at New Delhi received an order of granite slabs from USA.
Exporter placed an order for manufacturing and polishing of the required granite slabs with a manufacturer of polished granite slabs having its manufacturing unit at Attibele, Bangalore.
Manufacturer completed job of polishing and packing of Granite Slabs & said slabs were properly packed & loaded on lorry / trailer.
Consignment was dispatched on 23RD June 2000 evening from Attibele.
On the evening of 23rd June Y2K (FRIDAY) before dispatch, Mr. Satya, an employee of appellant / exporter, approached one Mr. Nayak, Development Officer of respondent – Insurance Company for obtaining Cargo Marine Insurance Policy & paid a premium of Rs.2,000/- by cheque dt. 23rd June Y2K in favor of Insurance company drawn on Syndicate Bank, Gandhinagar, Bangalore.
It is alleged that Development Officer (DO) having accepted the said premium, issued receipt for having received premium on 26TH June. That the policy was also issued w.e.f. 26TH June stating that no receipt could be issued by Development Officer on 23RD June Friday & that too, after 04.00 P.M.
On 24 June, the vehicle carrying the goods met with an accident at about 8.30 A.M.in Bangalore city itself.
Appellant / exporter, therefore, filed a claim for compensation with respondent Insurance Company. Insurance company repudiated the claim on the ground that the appellant had not paid premium on 23RD June but the same was paid in Office of respondent on 26TH June & on that day itself, the receipt of premium & Insurance Policy, were issued.
????? Legal Question ?????
Proposal form & cheque maybe dt 23RD June but what was required to be established is whether proposal form & cheque were handed over in Office of Insurance co. on 23RD June itself?
MORAL OF THE STORY
1. Don’t trust and rely others in export import business while preparing documents either it may be an employee or service provider like insurance company.
2. Don’t forget to inward documents at anytime when you submit with any office.
3. Don’t file case if you are not perfect & observing above rule.1 & 2.
This The case hinges on the decision if the insurance was paid on 23rd or 26th of June? Competent court tries in this case to seek the answer of this question.