SIMRAN ROADLINES Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THE Appellant was the opposite party before the State Commission where the Respondents had filed a complaint alleging deficiency in service on the part of Appellant.

(2.) UNDISPUTED facts of the case are that the first Respondent -M/s. Reliance Industries Ltd. entrusted a consignment of 12,900 kgs. of Linear Alkyl Benzene (L.A.B.) chemical for carriage from its unit at Patalganga to Pondicherry under invoice No. L -922 dated 23rd February, 1993. The Appellant loaded this consignment in tanker No. MCY 3188 for which lorry receipt was also issued. The consignment was not delivered at Pondicherry to the consignee but was lost on account of accident in which the said tanker was involved. The consignment was also insured. The matter was taken up by the consignee -M/s. Reliance Industries Ltd. with the Appellant/transporter as also with the Insurance Company (respondent No. 2). The Insurance Company appointed Surveyors and after following due process, settled the claim with the first Respondent by paying Rs. 6,10,900 after obtaining a letter of subrogation and assignment. When the matter was taken up by the consignor with the Appellant/transporter for settlement of its claim and when the matter was not getting settled, a complaint was filed by the Insurers as well as the consignor -M/s. Reliance Industries Ltd. against the Appellant Road -lines. The matter was contested by the Appellant. The State Commission after hearing the parties and perusal of material on record directed the Appellant to pay Rs. 6,10,900 along with interest @ 8% from the date of the order till actual payment plus cost of Rs. 30,000 to the Insurance Company.

(3.) WE find that the Hon'ble Supreme Court had an occasion to deal with a case of similar nature and facts. In the case of Oberoi forwarding Agency v. New India Assurance Company Ltd. and Anr., : (2000) 2 SCC 407, in paras 18,19,20,23 and 24 had observed as follows: