SALCO EXTRUSIONS PRIVATE LIMITED Vs. DEEPAK TRANSPORT AGENCY PVT LTD

JUDGEMENT

(1.) Complainant Salco Extrusions Private Limited have preferred claim of Rs.18,77,859/- comprising Rs.7,67,226/-. cost of goods/materiallostin transit, Rs.1,00,000/- towards profit had the goods received in time, Rs.2,20,133/- being interest payable, Rs.90,500/- being expenses incurred by complainant to acquire information regarding incident of dacoity and Rs.7,00,000/- for damages and compensation for mental agony to the Chairman and other Directors and Senior Officers of the said Salco Extrusions Private Limited.

(2.) The few undisputed facts can be catalogued as follows. The complainant is private limited company engaged in manufacture of aluminium extrusions. The complainant engaged services of opposite party for transport of aluminium ingots from Madras Aluminium Company Limited to its factory at Tarapur.10 M. T. of Aluminium ingots were ordered by complainant from Madras Aluminium Company Ltd. to Tarapur, lorry receipt No.5033652 dated 25.9.1996 was issued by transporter in favour of the complainant. Motor Truck No. MH 11/a 5438 was engaged for the said purpose. Said consignment was loaded and the truck arrived upto Wada on 29.9.1996. When it was 7-8 kms. away from Bhivandi on Bhivandi Wada road at about 10.30 p. m. dacoits attacked the said truck, driver and cleaner and they were asked to leave the truck under the threat of violance and thereafter dacoits drove away the truck along with ingots. Neither the aluminium ingots nor the truck were traced by police. Complainant has contended that for this loss, opposite party is responsible. Reliance is placed on Clause 11 of consignment note. As indicated aluminium ingots worth Rs.7,67,226/- were lost during this transit and complainants have claimed this amount alongwith amounts under other heads.

(3.) This has been resisted by Transport Company. They have denied all the allegations but on the other hand contended that in the night of 29.9.1996 this lorry was attacked by dacoits and goods and truck were stolen and removed by dacoits after driver and cleaner were made to get down and go away from truck. It is also contended that goods were transported for commercial purpose and that the Redressal Forum has no right to enter into the merits of the claim. It is also contended that u/sec.9 of Carrier Act where no negligence is established no claim can be sustained against the transporter.