LAWS(NCD)-2002-5-22

UNITED INDIA INSURANCE CO LTD Vs. RAJAN SIDANA

Decided On May 22, 2002
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
RAJAN SIDANA Respondents

JUDGEMENT

(1.) THIS appeal arises out of the order of the State Consumer Disputes Redressal Commission, Delhi, whereby the State Commission allowed the complaint. The facts in brief which lead the complainant to move the State Commission are as under.

(2.) THE complainant, Proprietor of M/s. Oriental Mail Speed Transport, is engaged in transportation of goods all over India. He had entered into an agreement with the Delhi Milk Scheme to carry skimmed milk powder (SMP) purchased by the D.M.S. all over the country to Delhi. The DMS placed an order to transport SMP from Rohtak to Delhi. As is found from the order of the State Commission, the complainant was not allowed to carry SMP from Rohtak by the Truck Operators Union, Rohtak. As a result, on the request of the complainant, the Truck Operators Union arranged two trucks for transportation to Delhi. Out of the two trucks, one truck reached Delhi and the other truck was taken by the driver to his village where it caught fire and all the milk powder weighing about 2,350/- kgs. got destroyed. In the result, the DMS deducted an amount of Rs. 1,25,255/- on account of the price of the goods from the bills of the complainant. Consequently, the complainant filed a complaint before the State Commission for recovery of Rs. 1,42,543/- for the price of the goods destroyed, for labour and transportation charges, interest at the rate of 20% from 13.2.1992 till the date of filing of the complaint before the State Commission, and costs of legal notice.

(3.) WE have gone through the papers produced before us and K. Venkata Rao v. Commercial Goods Transport Firm, AIR 1982 AP 203; Anakapalli Appalaraju and ., and Arulanandam Vethakannu Nadar and ., by the respondent as also the arguments advanced by the Counsel for the appellant. In the light of the aforesaid cases and also in the light of the passage appearing in Halsbury's Laws of England, 4th Ed., Vol. 5, para 452, which reads as under :