Decided on December 08,2006

Subash And Company Respondents


- (1.)THIS appeal has been directed by the opposite parties against order dated 18.9.2000 passed by Consumer Disputes Redressal Forum, Sirsa (hereinafter to be referred as District Consumer Forum), vide which the complaint of respondent (complainant) was accepted with costs of Rs. 1,000 and appellants were directed to pay compensation equivalent to price of 4200 ltrs. of the product and as assessed by Bharat Petroleum to the tune of Rs. 90,678.
(2.)BRIEFLY stated the facts are that respondent (complainant) is a sole proprietorship firm whose proprietor is Subash Chander. It carries on business of transportation at Mandi Kalanwali. It is owner of truck tanker No. HR -39/2725 which is being used for transporting high speed diesel oil and petrol from Mumbai to any place in India.
(3.)IT was next averred that respondent purchased a carrier legal liability policy from the appellants from their branch at Mandi Dabwali for the aforesaid tanker vide cover note No. 844772 effective from 11.12.1996 to 10.12.1997 on consignment of all kinds of diesel, A.T.F., petroleum products and all other types of oil and liquid products in the course of transit by tank lorry to anywhere in India, for a sum of Rs. 5,25,000.
It was next averred that the said tanker was carrying 24000 litres low lead M.S. from Mumbai to Hisar and the same was consigned by M/s. Bharat Petroleum Corporation Ltd. to be transported to M/s. Bharat Petroleum Corporation Ltd., Hisar Depot, on 6.1.1997. In the way, there was breakdown of the tanker truck on 9.1.1997 and it was parked on the road by the driver without caring traffic rules and a T.P. Recovery van (crane) bearing No. RJ 27 -E -0511 came from rear side and hit the tanker truck negligently parked by the driver, resulting in loss of low lead M.S. which spread over the road. However, the driver in order to escape from his criminal liability colluded with the local police and got recorded a FIR against the crane driver. On receiving information on 21.1.1997, it approached branch office of appellants at Mandi Dabwali which appointed Mr. Nilesh Vanawat, surveyor and loss assessor, Udaipur who inspected and surveyed the spot and found that there was a total loss of 20153.43 litres which had flown on road causing loss of Rs. 75,495.30. Besides this loss, there was damage to the truck tanker but the appellants repudiated the claim vide letter dated 29.1.1998 on the ground that there was no negligence on the part of the respondent firm, so, there was violation of condition No. 5 of the policy and as such it was not entitled to any claim but they granted claim to the respondent in respect of own damage considering the licence of the driver of respondent firm to be valid one.

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