MANOJ SINGH Vs. DEEPAK KUMAR SAH

JUDGEMENT

(1.) The complainant/petitioner entrusted goods worth Rs.1,64,502/- to New Hariom Transport Deodhar for transporting the same to Godda. The goods however, did not reach the destination. Being aggrieved the complainant approached the concerned District Forum by way of a complaint, impleading the transporter, driver as well as the owners of the truck as the opposite party.

(2.) The complaint was resisted by Amarnath Dubey, Proprietor of Hariom Transport Deodhar, on the ground that the goods were carried by Sunil Kumar Mehto, opposite party No.3 in the complaint, who was robbed by some unknown persons, who unloaded the goods from the truck and left the truck near Chandan forest. The complaint was also resisted by Deepak Kumar Sah, opposite party No.2 in the complaint who stated that he was neither the transporter of the goods nor the owner of the vehicle. Guddu Sah, who was impleaded as opposite party No.3 in the complaint admitted that he was the owner of the truck but claimed that truck had been hijacked and goods had been looted. Opposite Party No.4 Sunil Mehto, driver of the truck took the plea that when the truck reached near Banheti village, the criminal forcibly stopped it, gave beating to him and forced him to sit in another vehicle. The goods loaded in the truck were looted by those persons and an FIR in this regard was lodged at the concerned police station.

(3.) The District Forum vide its order dated 23.09.2013, directed the opposite party No. 2 and 3 in the complaint to pay a sum of Rs.1,64,502/- to the complainant, along with interest, compensation quantified at Rs.50,000/- and the cost of litigation quantified at Rs.2,000/-.