SOUTH EASTERN ROADWAYS Vs. JAYASHANKAR CASHEW MANUFACTURING CO.

JUDGEMENT

(1.) Application for bringing the heirs of the deceased, S. Sadasiva Rao, sole proprietor of respondent No. 1, is granted. Title to be amended accordingly.

(2.) M/s. Sri Jayashankar Cashew Manufacturing Co. filed O.P. No. 48 of 1994 before the District Forum, Srikakulam, against M/s. United India Insurance Co. Ltd. and M/s. South Eastern Roadways contending that it had entrusted three consignments of cashew nuts on 22.3.1993 under three invoices with proper lorry receipts to the carrier for carriage and delivery to the consignee, ˜Sainath Trading Co. at Chandni Chowk, Delhi. It is also stated that the consignment was insured by the complainant with the Insurance Company for a total sum of Rs. 3 lakhs, covering the risk of non -delivery, breakage, damage, leakage or fire accident, etc. The consignments were carried by the carrier and were unloaded on 9th April, 1993 and 15th April, 1993 in their godown at Roshnara Road, Delhi. The consignments were destroyed by fire on 10th June, 1993. Thus there was non -delivery of the consignments to the consignee. Hence, the complaint is filed for recovering the value of the consignment with interest. The District Forum, by its order 28.1.1995 directed the Insurance Company to pay Rs. 3 lakhs with interest at the rate of 12% p.a. and the carrier to pay the balance of Rs. 85,000/ -.

(3.) Against that judgment and order the carrier filed (i) First Appeal No. 228 of 1995; (ii) the Insurance Company filed First Appeal No. 292 of 1995, and (iii) the consignor, M/s. Jayashankar Cashew Manufacturing Co. filed First Appeal No. 702 of 1995. All these appeals were dismissed by a common judgment and order dated 5th August, 1997.