BRASS BIRD Vs. GATI DESK TO DESK CARGO

JUDGEMENT

(1.) COMPLAINANT No. 1 is said to have subrogated the rights concerning the issue in dispute in favour of complainant No. 2, National Insurance Company Limited, the opposite party being M/s. Gati Desk to Desk Cargo through its Managing Director, Secunderabad and Branch Office at Rajaji Puram, Lucknow.

(2.) IT is also stated that complainant No. 1 had executed a special power of attorney in favour of complainant No. 2. The allegations are that some consignment was despatched which has not being delivered in accordance with the alleged contract. Therefore, loss of Rs. 7,17,500 is said to have been assessed by a urveyor and has been claimed along with interest and cost.

(3.) A look at the complaint and the prayer made in para 27 indicates that whatever claim has been registered through this complaint is by the Insurance Company. For all practical purposes, therefore, complainant No. 2 has ceased to have any cause of action to institute this complaint as it is.