ROADWINGS INTERNATIONAL Vs. HINDUSTAN COPPER LIMITED

JUDGEMENT

(1.) Roadwings International, the appellant herein, carries on business of transport contractor. In course of its business, from time to time, it carried various consignments handed over to it by M/s. Hindustan Copper Limited. The dispute relates to the consignment sent by M/s. Hindustan Copper Limited on or about 11.1.1984. A consignment of 11.924 metric tones of copper rods was entrusted to the appellants at Talolja for delivery to the consignee at Calcutta. The goods were not delivered. According to the appellant, the driver of the truck disappeared with the goods and an F.I.R. was lodged and ultimately the truck was covered. However, the goods could not be traced even though the driver was arrested. There is no dispute that the appellant is a common carrier engaged in the business of transporting for hiring goods from place to place.

(2.) The Hindustan Copper Limited had the goods insured before despatching them, to Calcutta. It claimed and obtained the compensation for the loss of the goods from the Oriental Insurance Company Limited. M/s. Oriental Insurance Company Limited in its turn claimed compensation from the appellant. The appellant denied the claim of the Hindustan Copper Limited. However, the State Consumer Disputes Redressal Commission, Maharashtra, allowed the claim of the Insurance Company. It may be noticed that the plaint was made jointly by M/s. Hindustan Copper Limited and the Insurance Company.

(3.) The preliminary point taken by the appellant before the State Commission was that there was no privacy of contract between the appellant and the Insurance Company or there was no deficiency of service so far as the Oriental Insurance Company was concerned.