NATIONAL INSURANCE COMPANY LTD Vs. LUDHIANA TRAILOR SYNDICATE

JUDGEMENT

(1.) Vide this complaint, the complainants National Insurance Company Limited and M/s. V. M. T. Spinning Co. have prayed that the opposite party, Ludhiana Trailor Syndicate, Focal Point, Ludhiana be directed to pay a sum of Rs.9,38,608/- with interest @ 24% p. a. and costs. The brief relevant facts as stated in the complaint may be noticed.

(2.) M/s. V. M. T. Spinning Company Ltd. , V. P. O. Kalyanpur, Baddi, Distt. Solan (H. P.) complainant No.2 insured machinery with complainant No.1 vide Policy No.21/6/3/141/ 95 dated 21.8.1995 for a sum of Rs.15,80,000/- (Annexure C-l ). The complainant No.2 vide Lorry Receipt Nos.5369 to 5674 dated 27.3.1996 got the consignment/machinery transported from Ludhiana to Baddi through opposite party, vide Annexures C-2 to C-8. The machinery was damaged in transit due to mishandling and negligence of opposite party. Thereafter the complainant No.2 filed a claim with the complainant No.1 vide letter dated 11.4.1996 and also with the opposite party vide notice dated 6.6.1996 vide Annexures C-9 and C-10 respectively. The complainant No.1 appointed a Surveyor who after through investigation assessed the loss at Rs.9,38,608/- vide his report dated 7.3.1997 (Annexure C-11 ). The complainant No.1 approved the claim (C-12 ). On completing the formalities, complainant No.1 vide letter dated 20.3.1997 made the payment of Rs.9,38,608/- to complainant No.2. As stated in consideration of having received the said amount of its claim, complainant No.2, VMT Spinning Company Limited executed a letter of subrogation and Special Power of Attorney in favour of National Insurance Company- complainant No.1. Thus, the present complaint was filed. Before filing this complaint complainant No.1 wrote a letter dated 10.3.1997 (C-l) to the opposite party and asked for payment made to the complainant No.2 being insurer. After having not received any reply from the opposite party, complainant No.1 sent a registered notice to the opposite party asking to make the payment of the said amount. The opposite party ignored the notice and choose not to reply. Although the claim was lodged by the complainant No.1 oh 6.6.1996 and survey was got done by the opposite party on 7.6.1996 and short certificate/ open delivery damage certificate was also issued to this effect that the complainant No.2 has suffered the loss and the machinery was totally damaged, but the opposite party did not make the payment. A copy of the open delivery damaged/short certificate issued by the Ludhiana Trailor Syndicate is at Annexure C-14. As asserted inspite of the claim lodged and survey conducted by the opposite party, no payment has been made which amounts to deficiency in rendering service on the part of the opposite party. As the complainant No.2 has suffered the loss due to sheer negligence and mishandling of the goods by the opposite party due to which the machinery reached the destination in a damaged condition, thus, the opposite party is liable to make the payment of damages/claim amounting to Rs.9,38,608/- claimed by the complainants.

(3.) Notice was issued to the opposite party on 4.7.1998 for 2.9.1998 received back without any report. Fresh notice was issued on 28.9.1998 for 9.11.1998, not received back. Presumed to have been received. Opposite party was absent on 9.11.1998 and proceeded ex-parte. Third time opposite party was informed by ordinary post about the date of hearing i. e. , 21.12.1998. Opposite party did not file any written reply or evidence. Again for hearing on 10.2.1999, the respondent was informed by ordinary post, the opposite party did not appear even on 10.2.1999. Complainant No.1 produced evidence on affidavit and documents. The complainant has not produced any direct evidence to show the negligent act of the opposite party.