GREEN TRANSPORT Vs. ORIENTAL INSURANCE CO.LTD.

JUDGEMENT

(1.) B .K. Taimni, Member" These three appeals filed by the Appellant Carrier M/s. Green Transport, involved a common point of law, hence they are taken together for purposes of passing the orders.

(2.) VERY briefly the facts in each of the case are as follows: First Appeal No. 241 of 1999: Second respondent M/s. Shiva Exports hired the services of Appellant for purposes of sending consignment of coconut oil from Cochin to Guntur. The consignment was sent by the Appellant in tanker bearing number MCU. 1964 which met with an accident in Salem district as a result of this 98.20 quintals of coconut oil was lost. The consignment admittedly was insured with the first respondent. Second respondent preferred claim for compensation with the Appellant as also with the Insurance Company. The claim was settled by the Insurers, i.e., Oriental Insurance Corporation for a sum of Rs. 5,01,018/ - upon getting a Letter of Assignment and Subrogation. But when the matter was not getting settled with the Appellant, a complaint was filed before the State Commission by the Respondents before us, who after hearing the parties allowed the complaint and directed the appellant to pay Rs. 5,23,563/ - with interest @18% p.a. to the first respondent, i.e., Insurance Company from the date of complaint till payment and the first respondent was also entitled to cost of Rs. l,000/ -. First Appeal Nos. 424 & 425 of 1999:

(3.) IN these two appeals, the second respondent M/s. M.K. Oil Industries, Chunangamvely, Aluva, sent two consignments of coconut oil by hiring the services of appellant from Chunangamveli to Hindustan Lever Limited, Howrah by two separate consignments. But the vehicle carrying the coconut oil met with an accident in Nellore district of Andhra Pradesh. Loss certificate was issued by the Appellant but the Appellant did not agree to pay any compensation for the loss but when the matter was taken up with the Insurance Company, the claim was settled as per report of the surveyor in both these cases, after execution of Letter of Assignment and Subrogation as also the General Power of Attorney. Since the issue was not getting settled with the Appellant, the Insured and the Insurer (the Respondents before us) filed a complaint before the State Commission who allowed the complaint and directed the Appellant to pay Rs. 7,51,844/ - with interest @18% p.a. on the principal amount of Rs. 6,85,053/ - from the date of complaint till the date of payment alongwith cost of Rs. 1,000/ - in one case and Rs. 5,17,899 with interest @18% p.a. on the principal amount of Rs. 4,88,584/ - from the date of the complaint till payment.