HIMACHAL MOTOR TRANSPORT CO Vs. WESTEK INDUSTRIES

JUDGEMENT

(1.) This appeal has been directed against the order dated 2.6.2000 passed by the District Forum-II, Chandigarh. The respondent-complainant booked a consignment of M. S. Pipe Poles with the appellant M/s. Himachal Motor Transport Co. for carriage to the Tapri, District Kangra in the State of Himachal Pradesh for being delivered to the consignee. The appellant sent the said consignment which was valued at Rs.2,10,220/- through truck No. HIS 1978. The consignment was booked through GR No.1695 dated 4.5.1996 issued by the appellant, a common carrier. The truck which carried the consignment did not belong to the appellant. The appellant acted as an agent and engaged trucks of various owners for carriage of the consignment of various parties which used to be booked with the appellant. The truck aforesaid fell in Beas river, on way to the destination. The entire consignment was, thus, damaged and completely lost. The respondent-complainant laid a claim in respect of the damaged consignment with the appellant. The appellant, however, did not make the payment of the value of the consignment and damages claimed by the respondent. The respondent filed a complaint before the District Forum-II, Union Territory, Chandigarh bearing Complaint No.1687 of 1996. The respondent-complainant impleaded the appellant M/s. Himachal Motor Transport Co. through its partner/proprietor having Head Office 22, Transport Area, Sector 26, Chandigarh.

(2.) The appellant filed a reply to the complaint alleging, inter alia, that the goods were transported at owner's risk without any consideration. The accident took place and the truck alongwith its load fell in Beas river. It was averred that FIR No.45 dated 8.5.1996 was got registered. It was further pleaded that the accident took place not due to the negligence but was vis- major or an act of God. The appellant also took a plea that as per terms and conditions of GR it was not liable to pay to the claimant any amount.

(3.) The parties led evidence before the District Forum. The District Forum held the appellant- M/s. Himachal Motor Transport Co. , guilty of deficiency in service for having caused total loss of the consignment and allowed the complaint with costs of Rs.1,100/-. The appellant Transport Company was directed to pay a sum of Rs.2,10,220/- to the complainant with interest @ 12% per annum from 5.5.1996 till the date of payment.