BHAGIRATHI PLASTIC INDUSTRIES Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) This is an appeal against order and judgment dated 11.6.1992 passed by the District Forum, Uttarkashi in Complaint Case No.1/1991. The facts of the case stated in brief are that the complainant filed a complaint for recovery of Rs.70,000/- alongwith interest.

(2.) It has been alleged that from M/s. Kailash Engineering Works, New Delhi, the complainant purchased one horizontal Injunction moulding machine for a sum of Rs.3,23,000/-. The said machine was sent by road from Delhi to Uttarkashi and a transit insurance was obtained from respondent No.1. The insurance was for a sum of Rs.3,23,000/- and the machine was booked through M/s. Northern Carrier (P) Ltd. on 17.2.1986. When the machine was being transported the truck met with an accident at Baraut, Distt. Meerut. A survey was made in which it was stated that there is a total loss of the machine and the loss was to the tune of Rs.3,23,000/-. It is alleged that respondent No.1, the Insurance Company is liable to pay for the loss. Salvage of the machine was handed over by the respondent No.1 to respondent No.2 and respondent No.1 paid a sum of Rs.2,53,000/- to the petitioner in December, 1987. A sum of Rs.70,000/- were not paid as cost of the salvage and that was to be realised from respondent No.2 on the instructions of respondent No.1. Respondent No.2 has not handed over the salvage to respondent No.1. This agreement was between respondent Nos.1 and 2 and the petitioner was not a party to this agreement. Opposite party No.1 was liable to pay this amount of Rs.70,000/- also. The complainant was informed by U. P. Financial Corporation that Insurance Company has paid Rs.2,53,000/- only.

(3.) Opposite party No.1, who is the appellant, has filed his written statement alleging therein that the complainant is not a consumer and the claim is barred by limitation. It is alleged that the claimant is entitled for payment of Rs.3,23,000/- and after taking the value of the salvage of Rs.70,000/- a payment of Rs.2,53,000/- was made. The Insurance Company is not liable to pay any other amount. It is not possible now to re-open a claim barred by time.