2002 (1) TMI 1210 - SC - Companies Law

insurance premium in Pound Sterling - Held that - The respondent has paid the insurance premium in Indian currency and continued to have title over the goods as it never passed to the consignee. Had the title passed to the consignee and if they had preferred the claim the insurance amount would have been payable in London in Pound Sterling. The National Commission did not notice these points and directed the appellant to pay the amount in Pound Sterling mainly on the ground that the policies issued by them stated that the insurance amount was payable at London. Having regard to the facts and circumstances of the case we do not think that the appellant is liable to pay the insurance amount in Pound Sterling.

Summary

Issues:
Interpretation of insurance policy terms for payment currency.
Transfer of title in goods under c.i.f. contract.

Analysis:
1. The case involved two appeals challenging a judgment by the National Consumer Disputes Redressal Commission regarding a lost consignment of precious stones. The main dispute was about the mode of payment by the insurance company to the consignor, with the consignee insisting on payment in Pound Sterling as per the insurance policy terms.

2. The National Commission held that since the insurance policies specified payment in London and the consignment values were in Pound Sterling, the insurance company was directed to pay the claim in Pound Sterling along with interest and compensation. The insurance company challenged this decision before the Supreme Court.

3. The Supreme Court analyzed the correspondence between the consignee in London and the insurance investigator, which revealed that the consignee had not paid for the missing goods and suggested settling the claim directly with the consignor in India. This indicated that the title in the goods had not transferred to the consignee, and the consignor retained ownership.

4. The Court discussed the legal principles of c.i.f. contracts, emphasizing that the buyer's right to claim the insurance amount arises upon obtaining title to the goods and producing transfer documents. Since the consignee did not possess such documents and acknowledged not paying for the goods, the title had not passed to them, and the consignor maintained insurable interest.

5. Considering these factors, the Court concluded that the insurance amount was not payable in Pound Sterling as the consignor had paid premiums in Indian currency and retained title over the goods. The National Commission's direction to pay in Pound Sterling was overturned, and the consignor was awarded the claim amount in Indian currency with interest and costs.

6. The Supreme Court modified the National Commission's order, allowing one appeal and dismissing the other based on the findings related to the transfer of title and payment currency under the insurance policy terms. The parties were directed to bear their respective costs in the proceedings.