Whenever any consignment is received in damaged condition, You must ensure that carriers' (transport company) representative is informed in writing about the date, time and place for joint survey and requested to be present for inspection of the goods at the time of such survey and the surveyor should be requested to mention the presence / absence of carriers' representative in his survey report.

The insurance company in the recent past has considered some of the claims as substandard because:

	Consignee has not mentioned damaged condition of the consignment on L.R./R.R. at the time of delivery
	Consignee has not informed the consignor, insurance company at H.O. And its local office immediately about receipt of the consignment in damaged condition with a request to appoint surveyor.
	Consignee has not informed simultaneously to carrier's office, both at loading and destination places to depute their representative for inspection of the goods, followed by lodging of estimated / accurate/ monetary claim with them.
	Consignee has not taken effective steps for completion of survey with due knowledge of carrier followed by obtaining damage certificate from them.
	Transport company while giving damage certificate does not mention the delivery of the goods in damaged condition. Consignee should ensure that damage certificate does state this fact.

It is necessary the you take necessary steps for submitting complete set of claim paper to the Consigner, as early as possible, wherever you incur transit loss under marine transit insurance policy.

Loss intimation should be furnished to the nearest local office of Insurance Company at the destination with a copy to policy issuing office to arrange for detail Insurance survey. This should be done without delay as delay may cause aggravation of loss for which the underwriters are not liable in the term of policy. In case of large losses, however, the insured should demand in writing, for joint survey of the consignment along with the carrier authoritative representative and jointly signed concerned certificate should be obtained. Here, too, if need be, Insurance Company's nearest office can be sought for. Claimants are also to file notice of claim on the concerned carriers under registered A.D. within six months from the date of relative lorry receipt, enclosing a copy of open delivery certificate, copy of invoice and a claim bill raised on carriers. Time factor plays vital role as it is the requirement of carriers act. It is preferred to lodge a monetary claim on carriers immediately based on estimated loss amount, under regd. A.D. to be on safer side .

After completion of survey, as early as possible, the insured should put up the following documents to insurer in support of their claim:

Original insurance policy and / or insurance declaration certificate duly endorsed.
Copy of the relative invoice and packing list.
Consignor copy of L,R.
Claim bill in duplicate.
Original damage/ shortage/ non delivery certificate.
Copy of monetary claim lodged on carriers under Regd. A.D.
Survey report in original together with original stamp receipt for survey fees paid.

In the event claim is arising out of carrying vehicle involved in accident enroute, claim should be supported additional documents stated below :-

Copy of F.I.R. Lodged with nearest police station.
Photographs taken at the spot of accident.
Police panchnama copy and fire brigade, is so warranted.
Copy of spot survey report to be obtained from carriers with copies of photos taken by spot.
Surveyor appointed by underwriter who have insured the vehicle.
Final police investigation report in case of goods lost, stolen at the spot of accident .
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Rail Despatches:
As regards dispatches by rail, insured need ensure following steps : -

The consignee should arrange to effect delivery as soon as goods arrive at destination . Delay may cause deterioration of the goods and also prejudice chances of recovery from the railway.

If cases or packages arrive short weight or in damaged condition or show even slightest sign of having been tampered with, "open delivery" must be insisted upon and a shortage /damaged certificate or a certificate extract from Open Delivery Book of Railway be obtained.. Should the railway refuse to grant open delivery, written protest should be lodged on them and insurance company should be advised promptly of the developments.

It should be noted that railway will not accept liability if notification in writing of claim for compensation is not preferred against them within 6 months from the date of booking vide section 78-B of Indian Railway Act (this is subject to amendments from time to time and insured are advised to acquaint themselves of changes if any ). All letters to the railway should be addressed to " General Manager " of railways in which the destination lies, with copies to General Manager of Railways in which the dispatching station lies and through which the goods have passed, by regd. AD and postal and/ or other acknowledgment should be preserved.

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Claim for Non-Delivery:
When a claim for non- delivery is reported, the consignee should be advised to present the lorry receipt and/ or railway receipt to the carriers office destination for a period of minimum one month from the date of dispatch, when the good should have normally arrived, enquiring about arrival of consignment and in case of Non- delivery of the same after reasonable time, must obtain initial of delivery clerk/ authorities on the reverse of LR-R/R to certify that the consignment and/ or packages are not available for delivery. If the end of the period, the goods were not delivered the consignee should forward a valued claim on carrier as in other cases.

The statutory limit for filing suit:
The insured should be watchful of time for lodging monetary claim in order to preserve the rights of recovery from the carriers. The claim would be suit barred against :-

Rail : 3 years from the date of delivery or date when consignment ought to have been received. Motor Lorry : 3 years from the date of delivery or date when consignment ought to have been received.

Note :-
As per section 80 of C. P.C. whenever a suit is required to be filed against government, two months notice is required to be given before filing a suit and this period is added for filing suit. This too is subject to amendments time to time as authorities may decide.

Destruction of goods :- Along with claim documents it is necessary to furnish destruction certificate of damaged goods which are considered not usable but total loss. Destruction must be carried out in presence of surveyor and recorded in the relative survey report instead of calling the surveyor on second occasion once the survey is completed.

Needless to add here that the condition of contract of Insurance are embodied in the printed warranties attached to the policy and it is advisable that insured should acquaint themselves with the same.