ASSOCIATED ROAD CARRIERS LTD Vs. TRIDOSS LABORATORIES LTD

JUDGEMENT

(1.) This appeal arises out of judgment in Complaint Case No. 167 of 1995 rendered by Maharashtra State Consumer Disputes Redressal Commission, Mumbai. By the impugned judgment, the State Commission allowed complaint filed by the respondents. The appellant was directed to pay an amount of Rs. 11,11,763 with interest (c) 18% p.a. w.e.f. 17.1.1,995 till the date of payment and cost of Rs. 30,000 to the respondent.

(2.) The complaint was filed by both the respondents together. There is no dispute about the fact that respondent No. 1 M/s. Tridoss Laboratories Ltd. hired services of the appellant on 8.1.1995 for transportation of a consignment comprising of 907 cartons of variety of medicines. The consignment was to be lifted from Waluj situated in the outskirts of the Aurangabad city and was to be reached at Patna (Bihar). In all, 907 cartons valued at Rs. 9,97,106.50 were entrusted to the appellant for the purpose of transportation. The lorry receipts were issued by the appellant. The consignment consisted of medicines meant for human consumption.

(3.) According to the complainant (respondent), the consignment was delivered in damaged condition. The cartons of medicines were soaked with water and were found to have been totally lost. By letter dated 21.1.1995, intimation was given to the appellant by the consignor i.e. respondent No. 1. A Surveyor was appointed to assess the loss. The survey report indicated loss of the total value of the consignment. The consignment was duly insured with the respondent No. 2 - National Insurance Company Ltd. The consignor urged the insurer to indemnify for the loss. The insurer paid Rs. 11,11,763 to the consignor. The insurer obtained a letter of subrogation and Special Power of Attorney from the consignor and thereafter filed the joint complaint.