RAJASTHAN GOLDEN TRANSPORT CO PRIVATE LIMITED Vs. UNITED INDIA FIRE AND GENERAL INSU COMPANY LIMITED
LAWS(GJH)-1979-10-5
HIGH COURT OF GUJARAT
Decided on October 05,1979

RAJASTHAN GOLDEN TRANSPORT CO.PVT.LIMITED Appellant
VERSUS
UNITED INDIA FIRE AND GENERAL INSURANCE CO. LTD Respondents

JUDGEMENT

G.T.NANAVATI - (1.) The petitioner in both these Revision Applications is the Rajasthan Golden Transport Company Private Limited. Two suits being Regular Civil Suit Nos. 1265 and 1266 of 1973 were filed by the opponents against the petitioner in the Small Causes Court at Ahmedabad. Both these suits were decreed by the learned trial Judge. The Petitoner had thereupon filed New Trial Application Nos. 50 and 51 of 1976 before the Appellate Bench of Small Causes Court at Ahmedabad. They were rejected. Hence these revision applications.
(2.) Both the aforesaid suits were consolidated by the learned trial Judge and they were disposed of by a common judgment. Similarly both the New Trial Applications before the Appellate Bench of Small Causes Court were heard together and were disposed of by a common judgment. As the points which arise in these Civil Revision Applications are common I also propose to dispose of both of them by a common judgment.
(3.) Briefly stated the facts are like this. Opponent No. 2 Piramal Jwalaprasad & Brothers is a dealer in cloth at Ahmedabad. On or about 14 it wanted to send two bales of cotton piece goods to Sahranpur. It therefore approached the petitioner on 14-3-1970 and delivered the said two bales to it for the purpose of carrying the same by a motor lorry to Sahranpur. The petitioner accepted the same and prepared two separate consignment notes one in respect of each bale. The said goods were consigned to self and therefore in both the consignment notes name of consignee was shown as self. Both the consignment notes were prepared in triplicate and one copy of each was given to the consignor. According to the consignor the said bales were not delivered to the consignee at the place of destination nor were they returned to the consignor. It therefore after waiting for a reasonable time lodged a claim with the petitioner for Rs. 1 29 by a notice dated 7-5-1970 in respect of the goods consigned under consignment note No. 40751 and for Rs. 1 257 by a notice dated 7-5-1970 in respect of the goods consigned under consignment note No. 40750. The petitioner did not comply with the said notices. As both the consignments were sent at owners risk the consignor had got them insured with opponent No. 1 insurance company. The consignor therefore called upon the insurance company to make payment for the loss of the said goods. The insurance company made the payment; and thereupon the consignor issued letters of subrogation in favour of the insurance company. Thereafter. both the insurance company as plaintiff No. 1 and the consignor as plaintiff No. 2 filed the aforesaid two suits against the petitioner.;


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