ALL INDIA TRANSPORT COMPANY Vs. MADURA COATS LTD

JUDGEMENT

(1.) The defendant is the appellant herein. The respondents/plaintiffs filed the suit for the recovery ofRs. 1,60,337/- being the value of the goods damaged, from the defendant.

(2.) The case of the plaintiffs is as follows: The first plaintiff is the owner of the Centenary Mill at Madurai and the first plaintiff pur- chased 25 bales of cotton from Arjan Khimji & Co., having its office at Madhya Pradesh, for a sum of Rs. 1,42,615.32/-. The said consignment was entrusted by the said Arjan Khimji & Co., with the appellant/defendant Lorry company on 10.3.1988 and when those consignments were transported in the Lorry TAU 7929 belonging to the appellant/defendant, it was alleged that the entire consignments were destroyed in fire on 11.3.1998, when the lorry was coming in the village Pilpank, Madhya Pradesh State. The 1st plaintiff insured his consignments which are to be transported through lorry, ship or Air from anywhere in India with the 2nd plaintiff and the 25 cotton bales, which were transported through the appellant/defendant was also included in that category and on the basis of the non-delivery certificate issued by the appellant/defendant on 3.6.1988, the 2nd plaintiff being the insurer, paid a sum of Rs. 1,56,877/- to the first plaintiff and the 1st plaintiff also executed a letter of subrogation to the 2nd plaintiff and on the basis of the same, the suit was filed by the plaintiffs for the recovery of Rs. 1,60,377/-, which included the amount paid by the 2nd plaintiff to ascertain the damages.

(3.) The appellant/defendant in the written statement contended that under the Carriers Act, a suit cannot be filed in this Court and the suit ought to have been filed either in the place where the fire had taken place or the Head Office of the appellant/defendant and hence, the Sub Court, Madurai, had no jurisdiction to decide that issue.