MESSRS THE JULLUNDUR EX-SERVICEMEN MOTOR TRANSPORT CO-OPERATIVE SOCIETY LTD, JULLUNDUR CITY Vs. THE GENERAL ASSURANCE SOCIETY LTD. AND ANOTHER

JUDGEMENT

(1.) THIS case was referred to Tewatia, J., under Section 13(b) of the Arbitration Act, 1940, (hereinafter to be called the Act), as a special case for opinion and advice, by Shri Ram Lal Aggarwal, who was appointed as an Arbitrator, by order of Tewatia, J., on November 23, 1973.

(2.) A suit was filed by M/S General Assurance Society Limited and M/S Fatehabad Cotton Ginning and Pressing Factory, (hereinafter to be called Plaintiff No. 1 and Plaintiff No. 2, respectively), against M/S The Jullundur Ex -Servicemen Motor Transport Co -operative Society, Limited, (hereinafter to be called the Defendants), in the Court of the Senior Subordinate Judge, Hissar, on June 16, 1969, for the recovery of Rs. 48,000/ - as loss on the ground that Plaintiff No. 2, booked two consignments of cotton comprising (sic) bales and 75 bales from Mandi Dabwali, situated in the composite State of Punjab (now in Haryana), to Rampur, in Uttar Pradesh, with the Defendant. The Defendant company issued receipts for the same, Exhibits P 2 and P. 3, dated May 26, 1967. These consignments were unloaded at the Delhi border by the Defendant company from where the same had to be transported to the destination in Uttar Pradesh in some other trucks. Before they were transported, the goods caught fire, resulting in substantial destruction of goods. Plaintiff No. 2, served a notice on the Defendant, a copy of which is, Exhibit P.W. 9/1/A.

(3.) SECTION 10 of the Carriers Act, under which such a notice is to be served on the Defendant before the filing of the suit, is to the following effect: "No suit shall be instituted against a common carrier for the loss of, or injury to, goods entrusted to him for carriage, unless notice, in writing, of the loss or injury, has been given to him before the institution of the suit and within six months of the time when the loss or injury first come to the knowledge of the Plaintiff." According to this provision, the following conditions must be satisfied before a suit against any common carrier for the loss or for injury to goods entrusted to him for carriage, is instituted: