http://ecourts.gov.in/services/cases/display_pdf.php?filename=/orders/204701002622009_2.pdf&caseno=OS/100262/2009
http://ecourts.gov.in/services/cases/display_pdf.php?filename=/orders/204701000542010_1.pdf&caseno=OS/100054/2010
http://ecourts.gov.in/services/cases/display_pdf.php?filename=/orders/204701000452010_1.pdf&caseno=OS/100045/2010
http://ecourts.gov.in/services/cases/display_pdf.php?filename=/orders/204701000542010_1.pdf&caseno=OS/100054/2010
http://ecourts.gov.in/services/cases/display_pdf.php?filename=/orders/204701000452010_1.pdf&caseno=OS/100045/2010
The
Subordinate Judge’s Court in Cochin, Kerala State has vide judgment and decree dtd.
28.10.2014 held that the Chinese Insurance company, China Pacific Property
Insurance Co. Ltd. is bound to honour the insurance policy issued by them with
respect to a cargo
transported from Qingdao Port in China to Cochin Port. The Court vide the said
Judgment also directed the China Pacific Property Insurance Co. Ltd. to pay the
amounts due with interest at the rate of 18% and also held that the consignee
in Cochin is entitled to get the costs of the litigation from the China Pacific
Property Insurance Co. Ltd.
The
Court in its Judgment held that by virtue of the relevant clauses in the
insurance policy which covers the transportation from warehouse to ware house,
any damage caused to the cargo while transportation from the ware house of the
seller in China to the buyer in India is liable to be compensated by China
Pacific Property Insurance Co. Ltd.
Few
cases had been filed in the Subordinate Judge’s Court, Cochin arising out of
marine insurance policies issued by the China Pacific Property Insurance Co.
Ltd. alleging failure to honour the policy. After a detailed trial and
appreciation of evidence the Subordinate Judge’s Court have passed judgment and
decrees against China Pacific Property Insurance Co. Ltd directing them to pay to
the plaintiff, amounts due under the policy along with interest and cost of the
litigation.
The
plaintiff in the said cases had alleged that notwithstanding the existence of a
valid claim under the policy, China Pacific Property Insurance Co. Ltd had
chosen not to honour the same. Though the insurance policy issued by the China
Pacific Property Insurance Co. Ltd mentioned the name of an agent to be
contacted in India in case of any claim, the said company in India contended
before the Court that the they were not the agents of the China Pacific
Property Insurance Co. Ltd.
Notwithstanding
repeated issuance of notice from the Court calling on them to appear and defend
the plaint, the China Pacific Property Insurance Co. Ltd remained absent and was set ex parte.
The
judgment rendered by P.K. Mohandas Sub-judge, Kochi assumes relevance in view of the reported increase in instances where
valid claims made by Indian consignees importing goods from China covered by
insurance policies are either wrongfully declined by Insurance Company
themselves or are left at the mercy of agents in India.
( Judgments can be accessed from the links above)
( Judgments can be accessed from the links above)
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