Decided on October 18,2010

Nice Chemicals Pvt Ltd Appellant
Prakash Roadlines Ltd Respondents


- (1.)THE complainant, a Private Limited Company has alleged deficiency in service on the part of the opposite parties, a common carrier. It is alleged that the complainant on 23.10.2001 entrusted a consignment of its products for transportation from Ernakulam to Ambala Contonment and a sum of Rs. 9,000 was paid towards freight charges. The goods were lost in transit on 31.10.2001. Only goods worth Rs. 22,328 could be salvaged from the entire consignment. The declared value of the consignment was Rs. 6,55,704.50. The remaining goods worth Rs. 6,33,736 was lost in transit due to the negligence and want of care on the part of the opposite party. The opposite party has issued an open delivery certificate dated 22.12.2001 acknowledging the loss of goods worth Rs. 6,33,376 in transit. Claim was lodged on 24.12.2001 claiming a sum of Rs. 6,33,376 being the value of goods transit. The opposite party is not settling the claim so far. Hence a sum of Rs. 6,43,376 that included freight charges of Rs. 9,000 with interest at 18% per annum and compensation of Rs. 25,000 is claimed.
(2.)THE opposite party has filed version contending that the complaint is bad on the ground of suppression of material facts. It is pointed out that the claim of the complainant has been satisfied by the National Insurance Company the insurer of the complainant by paying an amount of Rs. 6,30,000 vide cheque dated 26.3.2002. It is also stated that the company has paid the amount after getting a letter of subrogation and Power of Attorney from the complainant. It is further contended that the goods were damaged due to fire accident. The insurer of the vehicle should be impleaded. It is further alleged that the consignment consisted of highly inflammable materials and that the same was the reason for the accident. The open delivery certificate was issued at the instance of the claimant to claim from their underwriters. The opposite party has denied any liability.
(3.)THE evidence adduced consisted of the testimony of PW1, DW1, Al to A14 and B1 to B5.
Pw1, one of the Directors of the complainant/company has admitted in the, cross -examination that a sum of Rs. 6,30,000 was paid by the Insurance Company. It is also mentioned that the claim submitted was for Rs. 6,30,000. The complainant has also produced the open delivery certificate i.e., Ext.AlO wherein the claim value assessed is mentioned as Rs. 6,33,376. Ext.All is the copy of the statutory notice claiming Rs. 6,33,376. The goods are laboratory chemicals and clinical reagents. It is admitted by Pw1 that the complainant has given a letter of subrogation to the Insurance Company. DW1 the Manager of the opposite party has also filed proof affidavit as per the averments in the version and was cross -examined. The accident has taken place at Pune in the State of Maharashtra. He has admitted that it is not mentioned in the open delivery certificate that the damage was sustained on account of the inherent nature of the consignment. It is admitted that Rs. 9,000 has been received towards transportation charges.

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