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Citation: 1971 PLD 99
Court: Sindh High Court
Year: 1970
Decision Date: 1970-12-31
Parties: MESSRS PREMIER INSURANCE Co. OF PAKISTAN LTD. vs MESSRS GULF JUDGMENT
Case cited as PLD 1971 Karachi 99
Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title:MESSRS PREMIER INSURANCE Co. OF PAKISTAN LTD. vs MESSRS GULF JUDGMENT Reported As: PLD 1971 Karachi 99 Result: Suit decreed partly Judgment JUDGMENT This is a suit for the recovery of Rs, 33,463.01. The plaintiff is an insurance company while the defendant is steamship Company. In June 1963, Messrs Nusrat Trading Company, a partnership firm delivered 136 bales of cotton in consignments of 22, 25, 25, 25 and 37 bales to the defendant for shipment from Karachi to Chittagong as per s. s. Mehdi and obtained various bills of lading. The bales were insured by Messrs Nusrat Trading Company with the plaintiff for a total sum of Rs, 1,50,000 under various policies of insurance. During the course of shipment fire broke out on board and as a result of this fire considerable damage was done to the bales. The bales which were not affected by the fire were damaged by water used to extinguish the fire. It was alleged by the plaintiff that the fire had broken out on account of the default and negligence of the defendant or its officers, employees or agents. The damage was estimated by a general survey carried out by Messrs James Finlay Ltd., acting on behalf of the defendent and Messrs Eastern Trading Company on behalf of the plaintiff. The results of the survey were incorporated in the reports issued by them. Both the reports were in agreement as to the extent and cost of damage and estimated the damage at Rs, 33,303.01…
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