SANJIV KUMAR Vs. PUBLIC CARRIER UNION

JUDGEMENT

(1.) This revision has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 02.01.2012 of the State Commission in appeal no. 3669 of 2001 arising out of the Order dated 27.08.2001 of the District Commission in complaint no. 369 of 1999.

(2.) Heard the learned counsel for the petitioner (the 'truck-owner') and the learned counsel for the respondent no. 2 (the 'insurance company'). No one appears for the respondent no. 3 (the 'complainant'). The respondent no. 1 (the 'transport union') is ex parte vide Order dated 11.02.2013. Perused the material on record, including inter alia the Order dated 27.08.2001 of the District Commission, the impugned Order dated 02.01.2012 of the State Commission and the petition.

(3.) Chronological facts of the case, relevant for disposal of the petition, may be first recapitulated. On 05.05.1999 the complainant sent goods worth Rs.1,33,920/- by truck. The goods were burnt to ashes en route due to an incident of fire. The District Commission vide its Order dated 27.08.2001 dismissed the complaint. The complainant preferred appeal before the State Commission. The State Commission re-appraised the case and vide its impugned Order dated 02.01.2012 ordered the transport union and the truck-owner to jointly and severally pay the said amount of Rs.1,33,920/- to the complainant along with interest at the rate of 6% per annum from the date of the filing of the complaint till its realization. It discharged the insurance company of any liability. This petition has been filed by the truck-owner in challenge to the said Order of the State Commission.