T.S. Thakur, J. - (1.) These appeals under Section 23 of the Consumer Protection Act, 1986 arise out of an order dated 31st May, 2001 passed by National Consumer Disputes Redressal Commission, New Delhi, whereby Original Petition No. 153 of 1999 filed by respondent No. 1 has been allowed and the appellant-company held liable to pay to the said respondent a sum of Rs. 53 lakhs with interest @ 10% p.a. jointly and severally with the Carrier M/s Super Road Lines towards compensation for the damage which machines entrusted to the later suffered in the course of transportation from Mumbai to Hardwar.
(2.) Respondent No. 1-Kantika Colour Lab imported one set of Noritsu QSS-1923 printer process and QSF-V50 film processor from Japan. The machines arrived at Mumbai on 1st November, 1998 and were entrusted to M/s Super Road Lines for onward transportation to Hardwar under L/R No. 005495 dated 20th November, 1998. A pre-dispatch survey conducted by the Surveyor confirmed that the machines were in sound condition at the time of dispatch from Mumbai.
(3.) To secure the machines against any possible damage respondent No. 1-the owner of the machines obtained from the appellant Insurance Company a transit insurance policy for a sum of Rs. 53 lakhs. The policy covered loss against all risks including damage/breakage, theft pilferage, road risk and non-delivery etc. The insurance was extended to cover SRCC as per limits and conditions of the Marine Policy.;