S.C. Sen, J. - (1.) The petitioner No. 1 is a company engaged in the business of transport agents and common carriers. The case of the petitioners is that it utilises its transport and on occasion hired transport for fulfilling its commitments to its customers. When trucks belonging to others are engaged by the petitioner-company for carrying consignment of goods from one place to another, the petitioner has no control over the drivers of the trucks.
(2.) On or about 26th October, 1985, Singhal Brothers, a firm carrying on business in Cochin in the State of Kerala, consigned 97 bags of black pepper and 300 tins of cocoanut oil to M/s. Govind Traders carrying on business at Station Road, Bhagalpur, through Punjab National Bank, Bhagalpur. The aforesaid consignment of 97 bags of black pepper and 300 tins of cocoanut oil were given to M/s. New Gee Tee Carriers, a transport company in Cochin, for delivery of the goods to Bhagalpur.
(3.) The petitioner-company carries on business all over India and also has office at Cochin. Inasmuch as M/s. New Gee Tee Carriers did not have a branch office at Bhagalpur, it engaged the petitioner-company with full knowledge and consent of the consignor to deliver the goods to the consignee at Bhagalpur in the State of Bihar. The petitioner hired a truck for carrying the goods from Cochin in the State of Kerala to Ichhapuram in the State of Andhra Pradesh. At Ichhapuram, the goods were transhipped to another truck hired by the petitioner-company for completing the remaining part of the journey to Bhagalpur.;