ALLIANCE ASSURANCE CO LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a suit by Alliance Assurance Co., Ltd., against the Union of India as the main defendant and the Goodyear Tyre and Rubber Company of India Ltd., as a pro forma defendant only. The claim is for a sum of Rs. 3,680-5-0. There is an additional claim for Rs. 1,000/- as damages for vyrongful detention, but that has not been pressed before me by the learned counsel for the plaintiff". A short but important point of jurisdiction is the real bone of contention in the suit.

(2.) The plaintiff's claim arises in this way. The Goodyear Tyre and Rubber Co. despatched by railway certain goods from Bansabati to Delhi and also insured those goods with the plaintiff. The Railway delivered most of the goods. There was, however, short delivery of 12 tyres. The value of these 12 tyres is Rs. 3,680-5-0. The Goodyear Tyre claimed this money from the plaintiff under the policy of insurance covering these goods. The plaintiff paid that amount to the Goodyear Tyre. The Goodyear Tyre thereupon assigned to the plaintiff all their right, title and interest in the goods and the relative Railway Receipts. The plaintiff insurance company thus became subrogated to the rights of the consignor. The plaintiff Insurance Company now sues the Union of India making their insured, the Goodyear Tyres, as a pro forma defendant.

(3.) The following issues were raised by the learned counsel for the Union: