NATIONAL INSURANCE CO LTD Vs. CTO CARRIERS LTD

JUDGEMENT

(1.) This judgment shall dispose of plaintiffs' suit for recovery of Rs.49,59,830/- from the defendant who had carried the goods of the plaintiff no.2 which goods had suffered damages..

(2.) The plaintiff contended that plaintiff No.1 is a nationalised insurance company and Shri Vinod Babbar is the Sr. Divisional Manager, who is conversant with the facts and circumstances of the case and is able to depose the facts of the case and is also competent to sign, verify and institute the suit on behalf of plaintiff No.1. Plaintiff No.2 is also a company duly incorporated under the Companies Act, 1956 and plaintiff No.2 has authorized plaintiff No.1 by a letter of subrogation dated 16th July, 2003 and power of attorney dated 18th July, 2005 to sign and verify the suit on behalf of plaintiff No.2.

(3.) The defendant is a carrier carrying on business at Delhi and a consignment of 3888 color display tubes packed in 108 pallets and loaded into 3 X 40' ISO containers were dispatched from M/s. Samsung SDI, Malaysia for final delivery to plaintiff No.2 at NOIDA.