ORIENTAL INSURANCE CO Vs. MUKESH AND CO

JUDGEMENT

(1.) This appeal has been preferred by the insurance company against the judgment and decree dated 29-11-1994 passed by the First Additional District Judge, Durg dismissing its suit claiming a sum of Rs. 1,06,600/- with 12% per annum interest thereon from the date of suit being the claim towards reimbursement of the amount of loss caused to respondent No. 1 as consigner of its goods to respondent No. 2 transporter under general policy of insurance.

(2.) The facts now not in dispute in this appeal are that a consignment of Bidi leaves was handed over by respondent No. 1 Mukesh and Company, dealers in tobacco products, to respondent No. 2 as transporter for its carriage from their godown in Padmanabhpur, Durg to be delivered at the destination Sambalpur in Orissa. The goods were loaded on 25-5-1988 in the truck for transportation by respondent No. 2. According to the case of the transporter, since the driver of the truck found that the Bidi leaves loaded were not properly tied, he stopped the truck at the Raipur Naka and contacted the transporter for help so that the consignment loaded be properly tied or fastened in the truck. While the truck was standing at the octroi post on the outskirts of Raipur, some time in the midnight, the consignment caught fire and was burnt resulting in total loss of the consignment.

(3.) Under the terms of the general insurance policy between the appellant insurance company and the respondent No. 1 as the insured, the amount of loss has been paid by the insurer to the insured. After payment of the said amount, the insurer and the insured had jointly filed the suit against the transporter for recovery of the loss. The insurer claimed reimbursement of the sum paid to the insured under the letter of subrogation signed by them dated 8th of July, 1988 (Ex. P/1).