DRS LOGISTICS PVT. LTD Vs. BLUE STAR LTD

JUDGEMENT

(1.) The unsuccessful Defendant in the Suit is the Appellant. The Respondents herein filed a Suit seeking recovery of Rs.7,05,355.00 with Interest for the loss caused to the Goods of the First Respondent, during transit by the Appellant/Carrier from Chennai to New Delhi. The Suit was decreed by the Trial Court and the findings of the Trial Court were affirmed by the First Appellate Court. Aggrieved by the same, the unsuccessful Defendant has come up with this Second Appeal.

(2.) According to the Respondents/Plaintiffs, the First Respondent during the course of his business, entrusted 83 numbers of Chest Freezers with the Appellant/Carrier for transit from Chennai to New Delhi. It was the case of the Respondents that as a Common Carrier, it was the duty of the Appellant to deliver the Goods entrusted in a Good condition to the Consignee point. It was further pleaded by the Respondents that the Appellant delivered only 80 Chest Freezers out of 83 Chest Freezers in a highly damaged condition. The damage caused to Consignment was intimated to the Appellant by way of eMail, dtd. 22/4/2009 and issued a Statutory Notice for the loss on 24/4/2009 calling upon Appellant to compensate the loss. The Second Respondent/Insurer appointed a Surveyor to assess the Damages and based on his Survey Report the Second Respondent/Second Plaintiff paid a sum of Rs.7,05,355.00 towards the value of the damaged Consignment to the First Respondent and indemnified it as per Contract of Insurance. Hence, the First Respondent executed a Letter of Subrogation in favour of the Second Respondent. It was specifically averred by the Respondents that the damage to the Consignment was due to the negligence and lack of care on the part of the Appellant and hence, they sought for recovery of the above mentioned sum.

(3.) The Appellant/Defendant filed a Written Statement denying the averment found in the Plaint as if damage to the Consignment was caused to due to the negligence and lack of care on the part of the Appellant. It was the case of the Appellant that they had taken proper measures to transit the Goods in a good condition and the damage to the Goods was caused due to the Fire Accident originated from the Engine of the Vehicle. It was beyond the control of the Appellant.