BRAKES INDIA LTD. Vs. BIC LOGISTICS LTD.

JUDGEMENT

(1.) This Original Side Appeal is directed against the judgment and decree dated 26.2.2010 passed in C.S.No.546 of 2006 by the learned Single Judge of this Court.

(2.) The appellants herein, as plaintiffs, have instituted C.S.No.546 of 2006 on the file of this Court, praying to pass a money decree, wherein the present respondent has been shown as sole defendant.

(3.) In the plaint, it is averred that the first plaintiff has entrusted certain automobile spare parts to the defendant, who is a public carrier within the meaning of Carriers Act, 1865 at Polambakkam, Cheyyar Taluk, Tamil Nadu. The same has to be transported to M/s.M.V.Axles Ltd, Jamshedpur. The goods have been insured by the first plaintiff with the second plaintiff (insurer). The goods have not been received by the consignee and subsequently it is found that the driver and cleaner of the container have been murdered. Since the defendant has failed to deliver the goods to the consignee, the defendant is liable to pay the suit amount. Under the said circumstances, the present suit has been instituted for the relief sought therein.