N KUPPUSAMY Vs. NAMAKKAL SOUTH INDIA TRANSPORT

JUDGEMENT

(1.) Of the two opposite parties against whom an award has been passed by the District Forum, the 1st opposite party is the appellant. The complainant engaged the services of the 2nd opposite party who was a lorry agent, for transporting its goods from Cochin to Trichy on 9.3.1993-The 2nd opposite party in turn engaged the lorry of the 1st opposite party. While the goods were being transported, on the way it appears due to some mechanical defect of the lorry, the lorry could not proceed further and the 1st opposite party informed the 2nd opposite party about it and asked him to make some arrangements for taking the goods to Trichy. In this process there was a delay. According to the complainant the goods were delivered with a delay of 156 days and also there was some damage to the goods. Alleging deficiency in service on the part of both the opposite parties the complaint was filed for compensation.

(2.) Both the opposite parties contested the matter,

(3.) The District Forum, on consideration of the evidence, held that there was deficiency in service on the part of both the opposite parties and it passed an award. As against this order of the District Forum, the 1st opposite party alone has filed this appeal.