PATEL ROADWAYS LTD. Vs. PREETHI JACOB

JUDGEMENT

(1.) DR . P.D. Shenoy, Member"In this case, it is not in dispute that 10 crates containing household articles belonging to the complainant Ms Preethi Jacob were sent through M/s Patel Roadways. Petitioner on 19th September, 1997, from Thiruvananthapuram to Noida, were damaged in transit and Rs.7,500 was collected as carriage charges. Patel Roadways has also sent an expert for packing the said household articles for which Rs.1,000 was additionally paid. On 3rd October, 1997 at about 7.30 p.m. the items were delivered at the destination in a seriously damaged condition. A foreign made four burner electric oven valued at Rs.25,000 which was totally damaged and was beyond repair. Further, two double wooden cots, a dining table with six chairs with upholstery were also damaged due to the careless handling. A hydraulic Jack valued at Rs.2,000 was missing. Complainant has claimed Rs.50,000 as compensation along with costs etc. Petitioners who was respondents No.1 and 2, before the District Forum contended that household articles were insured for Rs.10,000 and they were valued at Rs.10,000 and. the items were carefully handled, transported and delivered.

(2.) AS the transporter did not pay any amount, the complainant appointed an expert surveyor who made an assessment and fixed the damages at Rs.40,000.The Insurance Company contended that as the assessment was not done in their presence, hence, they cannot accept the same. The District Forum after hearing the parties and going through the records of the case directed payment of Rs.41,000 as damages, Rs.3,500 as compensation and Rs.2,000 as costs.

(3.) AGGRIEVED by the order of the District Forum, the petitioner as well as the Insurance Company have filed appeals before the State Commission. The policy confines to risk coverage for accidents like collision, fire and lightning, as none of these conditions established, the State Commission absolved the Insurance Company from indemnifying the loss. State Commission, modified the order and held that the carrier would be liable to pay a sum of Rs.20,000 to the complainant with 9% interest from the date of complaint till its realization, along with Rs.2,000 for the expenses and Rs.1,000 as costs.