SHRI GIRI RAJ FREIGHT CARRIERS PVT.LTD. Vs. SHAM LAL BANKE BEHARI
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Shri Giri Raj Freight Carriers Pvt.Ltd.
Sham Lal Banke Behari
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J.D.KAPOOR, J. -
(1.) APPELLANT is a transporter.
Consignment worth Rs. 1,78,409 was booked with it for delivery to respondent No. 2. The truck by which the goods were booked was also carrying other material and when it entered into District Mathura it was robbed by the robbers. The driver lodged report with the police about the occurrence.
(2.) VIDE impugned order dated 10th August, 2005 the appellant has been directed by the District Forum to compensate the respondent to the
extent of value of the goods, i.e., 97,2008 and also Rs. 1,500 towards
cost of litigation.
(3.) THROUGH this appeal appellant has assailed the impugned order mainly on the ground that goods were booked at owners risk and,
therefore, the appellant did not have any liability if these were damaged
or robbed or destroyed during transit.
In common parlance the booking of goods at owners risk means some damage to the goods in transit or some unforeseen circumstances
without any negligence of the driver or the occupants of the truck.;
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