Officials of the appellant/TNEB, the Surveyor of the first respondent took part, and they discussed about the re-use of the damaged materials. Though the appellant was willing to repair the consignment and use the same, their main contractor, BHEL had made it clear that damaged tubes should not be re-used. In the event of damaged materials are being re-processed and reused, BHEL will not provide any warranty for the same. Hence, under these circumstances only, the appellant, without any other option, dropped the idea of repairing the condenser tubes. Therefore, as rightly pointed out by the learned counsel for the appellant, the appellant has taken all possible efforts to minimize the loss and attempted to re-use the damaged materials after repair, since the main contractor, BHEL had expressed that they would not give any guarantee for reprocessed tubes, the appellant took decision not to reprocess and made a claim for compensation in respect of the damaged consignment. Since 2061 tubes out of 2063 tubes were damaged in transit and the extent of loss caused is Rs.62,32,814/-, the appellant made a claim for the said sum. Therefore, we hold that the claim made by the appellant at Rs.62,32,814/- is just and proper and they are entitled to the same. Further, it is pertinent to mention here, a co-insurance clause has been included in the Policy, which is extracted below:-