VARAMAHALAKSHMI ROADWAYS Vs. BHARATH EARTH MOVERS LIMITED

JUDGEMENT

(1.) The present appellant was the defendant in O.S.No.8668/1999 in the Court of the learned XIX Additional City Civil and Sessions Judge, Bangalore City (hereinafter for brevity referred to as "Trial Court") which suit was instituted against it by the present respondent Nos.1 and 2 in their capacity as plaintiff Nos.1 and 2.

(2.) The summary of the case of the plaintiffs in the Trial Court was that, the first plaintiff was the insured and the second plaintiff was the insurer. The first plaintiff had consigned two Hydraulic Excavators from its KGF Division for its transportation to its other Division situated at Sanquelim, Goa through the defendant (present appellant) who is a Transport Operator. The defendant who had undertaken the transportation of the said consignment to the destination could not able to deliver it in its good condition. While transporting, the said goods met with some damages resulting in damage to some parts of the goods under transport. The plaintiff No.1 after obtaining survey report got the insured amount from the second plaintiff and the second plaintiff being subrogated with the rights of the first plaintiff had made claim against the defendant for the alleged sum of 1,07,955/- with interest there upon at 18% per annum.

(3.) In the Trial Court, the defendant appeared through its counsel and filed the Written Statement, denying its liability, however, it has admitted that some damage was caused to the goods while under transport which task of transportation it had undertaken as a transporter to carry the goods to its destination. Evidence were led and documents were marked in the Court below.