Law:

Section:

  Carriage of goods by sea---- Marine Insurance-Insurance Com pany's liability for damage caused to cargo on board a ship-Clause in Insurance policy undertaking to help consignee to prosecute his cause against carrier in case of loss of, or damage to, consignment in transit on board the ship-Consignment damaged in transit and consignee approaching Insurance Company after his claim had been repudiated by carrier ---Insurance Company, for long time giving evasive reply and finally repudiating its liability after period of limitation for filing suit against carrier expired-Assured, in circumstances, absolved of his duty to file suit against carrier or to make him a party to his suit against Insurance Company for realisation of claim on basis of Insurance Policy-Insurance Company alone, in circumstances, responsible for making good loss suffered by assured. Canada Rice Mills Ltd. v. Union Marine and General Insurance Co. Ltd. A I R 1941 P C 68 ref. JUDGMENT MAHMOOD HUSSAIN, J.---This judgment will dispose of the two appeals filed by the defendant-appellant arising out of two suits being Money Suits Nos. 12/5 and 13/6 of 1957/1960. These appeals on behalf of the defendant arise out of suits filed for realisation of damage in respect of consignments of the plaintiff-respondent. Money Suit No. 12 of 1957 was for realisation of Rs. 25,674-15-0 being the amount of proportionate, loss suffered by the plaintiff-company for the damage of 370 bags out of 1000 bags of rape seeds insured with the defendant-company for a sum of Rs. 69,395. Money Suit No. 13 of 1957 is for realisation of Rs. 16,793-2-0 for the damage of 485 bags of rape seeds out of another consignment of 1000 bags similarly insured with the defendant-company for Rs. 69,250. The suits were tried analogously and disposed of by one judgment. The two consignments of rape seeds comprising 1030 bags each were shipped from Karachi. One consignment was delivered at Chalna Anchorage, Khulna by B/L. No. 92 and the other consignment was delivered at Chittagong being B/L. No. 151 as per s. s. Pakistan Prosperity. These were insured with the defend ant-company under the Marine Policies bearing Nos. K-1867 and…