NATIONAL INSURANCE CO Vs. UNION OF INDIA

JUDGEMENT

(1.) RESPONDENTS 2 and 3 filed oa No. 50 of 1996 before the Railway claims Tribunal, Secunderabad, claiming compensation for loss of goods, entrusted for transport, to the Railways, the 1st respondent herein. The goods were insured with the petitioner. The insurance claim was settled by the petitioner, with respondents 2 and 3, on condition that they shall be entitled to recover the amount of compensation, that may be awarded against the 1 st respondent. In the OA the petitioner figured as respondent No. 3. The petitioner filed IA no. 230 of 2002 with a prayer to transpose it, as applicant No. 3. The application was rejected by the Tribunal, through order dated 30. 11. 2005. The same is challenged in this crp.

(2.) SRI Kota Subba Rao, learned counsel for the petitioner, submits that the insurance claim made by respondents 2 and 3 against the petitioner was settled during the pendency of the O. A. , and on payment of the said amount, the petitioner virtually stepped into the shoes of the claimants, i. e. , respondent No. 3. He contends that there was absolutely no basis for the Tribunal in rejecting the application.

(3.) SRI B. H. R. Chowdary, learned counsel for the 1st respondent, on the other hand, submits that the claim for compensation can be made only by the consignor of the goods, and since the petitioner is neither owner, nor consignor of the goods, it is not entitled to be transposed as applicant in the O. A. He contends that the transposition of the petitioner herein as applicant/claimant, would result in presentation of a claim, which is barred by limitation.