KRISHNA OIL CAKE INDUSTRIES Vs. RAJGURU TRANSPORT

JUDGEMENT

(1.) - Complainant No.1, a partnership firm carrying on business at Upleta, consigned 9805 kgs. of loose rapeseed oil worth Rs.3,30,000/- from Upleta to Bombay through the opponent. Complainant No. l was both consignor and consignee. The opponent charged freight of Rs.5,200/- for transporting the oil from Upleta to Bombay. The oil was loaded in Tanker bearing Registration No. GRP 6416. The oil was insured with complainant No.2 insurance company for Rs.3,30,000/- under Transit/ Marine Policy No.300400/400/4400135 dated August 9, 1991.

(2.) The opponent failed to deliver the entire consignment of 9805 kgs. of oil. At the time of delivery, there was shortage of 4320 kgs. of oil. On enquiry, the opponent informed complainant No.1 under certificate dated November 11,1991 to the effect that the tanker in which oil was transported met with accident near Kosamba Railway Station, 30 kms. from Ankleshwar and as a result of the accident, 4320 kgs. of oil leaked out of the tanker without any chance of recovery. By the said certificate, opponent admitted non-delivery of 4320 kgs. of oil. It further appears that complainant No.2 insurance company had appointed surveyor Hetav Panwala to make enquiry regarding accident and assess the loss due to the accident. The surveyor assessed the loss at 4320 kgs. Complainant No.1 by its letter dated October 31,1991 called upon the opponent to pay the value of the goods viz. the oil which was lost. There was, however, no response from the opponent.

(3.) Complainant No.1 made claim regarding loss to complainant No.2 insurance company. Complainant No.2 insurance company paid Rs.1,49,370/- by cheque on November 27,1991 to complainant No.1 for the loss and obtained from it letter of subrogation and special power of attorney. It is under these circumstances that both the complainants have filed this complaint for recovery of total amount of Rs.2,26,245/- which includes the aforesaid amount of Rs.1,49,370/-.