EAST INDIA TRANSPORT AGENCY Vs. VOLTAS LIMITED

JUDGEMENT

(1.) Aggrieved by the order dated 25.04.1996 passed by Maharashtra State Consumer Disputes Redressal Commission, Mumbai ( in short, the State Commission ) in complaint case no. 82 of 1995, M/s East India Transport Agency, the original opposite party in the complaint has file the present appeal. By the impugned order, the State Commission has partly allowed the complaint filed by Voltas Limited and National Insurance Co. Ltd. for seeking compensation of Rs.9,72,166/- on which amount the second complainant M/s National Insurance Company had settled the claim of Voltas Limited in respect of the loss suffered by the latter due to non delivery of insured consignment containing one number Voltas Diesel Fork, Lift Truck, Model DV:25 complete with standard accessories under their invoice No.398747 for its delivery to the Daily Amar Ujala, Bareilly, the consignee. The complaint was resisted by the opposite party-carrier on a variety of grounds and one plea being that consignment was destroyed when the truck carrying the said consignment alongwith certain other goods had caught fire on its way to the destination and, therefore, there was no negligence / deficiency in service on the part of the carrier which would entitle the complainants for any compensation for the loss occasioned to the Voltas Limited. The State Commission allowed the complaint and going by the surveyor s report who assessed the loss to the extent of Rs.9,57,022/- after deducting the salvage value of Rs.20,000/- with the stipulation that amount shall be paid to the complainant no.2 within a period of eight weeks from the date of the order failing which it shall carry interest @ 18% p.a. till its realization.

(2.) The appeal was earlier answered by this Commission based on the decision of the Supreme Court in the case of Oberai Forwarding Agency Vs. New India Assurance Co. Ltd. & Anr., 2000 2 SCC 407 by observing as under:

(3.) Aggrieved by the said order, National Insurance Co. Ltd. filed Civil Appeal No.7340 of 2010 before the Hon ble Supreme Court which was decided by the Supreme Court vide order dated 01.09.2010 by observing as under: