UNION OF INDIA Vs. GREAT AMERICAN INSURANCE CO LTD
HIGH COURT OF CALCUTTA
UNION OF INDIA
GREAT AMERICAN INSURANCE CO.LTD.
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(1.) This appeal is at the instance of the defendant No.1, Union of India, representing the Easter Railway Administration. The appeal arises out of a suit for recovery of Rs. 2,400/- as damages for alleged wrongful non-delivery of certain goods (mica blocks and condenser films), entrusted to the defendant Railway for carriage from Kodarma to Howrah, both on its own lines.
(2.) The suit was brought by the plaintiff Insurance Company, whose insurance covered the disputed goods and who indemnified the owner, who was the proforma defendant in the suit, in respect of his loss and, on such indemnification, claimed, on the said owners' express authority, the disputed amount from the Railway Administration.
(3.) On the merits, the findings of the two courts below have been concurrently made in favour of the plaintiff and, on those findings, the plaintiff Insurance Company would be entitled to succeed unless the suit was liable to be dismissed on the ground that the said plaintiff had no locus standi under the law to maintain the suit.;
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