KERALA TRANSPORT COMPANY Vs. SCIENTICO INSTRUMENTS

JUDGEMENT

(1.) This appeal is filed by the first defendant in O.S. No. 358 of 1993 on the file of the Sub Court, Kozhikode. The first respondent is the second defendant. Respondents 2 and 3 are the plaintiffs in that suit.

(2.) The case of respondents 2 and 3, who are the plaintiffs in the suit, is that the second respondent purchased some goods from the third respondent and booked the same through the appellant's office at Pune to Quilandy. On transit, by the appellant in its lorry, they got damaged. Since it was insured with the second respondent, the second respondent paid the amount in terms of the Insurance policy and upon a letter of subrogation and special Power of Attorney filed the suit by the Insurance Company and the consignee, claiming the estimated loss of Rs. 49,368/- with interest.

(3.) The appellant admitted the transport of goods and inter alia contended that the consignee took delivery of the articles without any complaints and demanded no certificate of damage in the prescribed form. The appellant also contended that no damage is caused to the goods.