NEW INDIA ASSURANCE CO LTD Vs. PATNI ROADLINES & ANR

JUDGEMENT

(1.) The subject suit for recovery of Rs 31,02,400.00 has been filed by the plaintiff-insurance company as an attorney/subrogee against the defendant no. 1/transporter/carrier inasmuch as the consigned goods were found missing/stolen during the course of transportation.

(2.) The facts of the case are that the defendant no. 2 engaged defendant no. 1 as a carrier/transporter to transport the consignment of Tulsi Mix Gutka to M/s Swastic Incenses, S. P. Mukherjee Marg, Delhi. The 306 cases of suit consignment were dispatched on 21.9.1997 by defendant no. 1's truck bearing registration no. GJ-6V 4224. The consignment was dispatched from the defendant no. 2's factory at Noida vide invoice nos. 560, 561 and 563 dated 21.9.1997 for Rs 10,20,340.55, Rs 10,31,582.99 & Rs 6,33,314.82 respectively vide goods receipt number 900557. The consignment did not reach the destination and the defendant no. 2 took up the matter with defendant no. 1 by sending letters dated 23.9.1997 and 8.10.1997, which failed to evoke any response. The defendant no. 2 thereafter filed a police complaint on 23.9.1997 with the Gautam Buddh Nagar Police Station, Noida and FIR No. 076338 dated 8.10.1997 registered under Section 406 I. P. C.

(3.) Since the consignment was insured with the plaintiff under Marine Insurance Policy (Cargo) No. 21/310702/00848 dated 8.4.1997 for the period 01.4.1997 to 31.3.1998, the plaintiff paid and settled the claim of defendant no. 2 for a sum of Rs 22,00,284 and made the payment on 16.11.1998. The defendant no. 2 on receipt of the compensation executed a power of attorney as also a letter of subrogation dated 21.2.2000 in favour of the plaintiff, who has therefore filed the subject suit for recovery against the defendant no. 1.