Date of Filing:13-04-2018  

                                                                            Date of Order:02 -01-2020

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

   HON’BLE  Sri  P.VIJENDER, B.Sc. L.L.B., PRESIDENT

HON’BLE Sri  K.RAM MOHAN, B.Sc. M.A L.L.B.,   MEMBER

HON’BLE Smt. CH. LAKSHMI PRASANNA, B.Sc. LLM. ,(PGD (ADR)  MEMBER

Thursday, the  2^nd day of January, 2020

C.C.No.192 /2018

Between

1.The New India Assurance Co.Ltd.,

   Large Corp Office, 104, 2^nd floor,

   Surya Towers, S.P.Road,

   Secunderabad – 500003

   Rep. by its Regional Manager

2. M/s. Gayatri Projects Ltd.,

    6-3-1090, TSR Towers,

   Somajiguda, Hyderabad – 500082

    Rep. by its Managing Director                                            ……Complainants                                                                            

And

1. M/s. Orient Cargo Movers Pvt.Ltd.,

144/259, Thambu Chetty Street,

1^st floor, Parrys, Chennai – 600001

Rep. by its Managing Director

2. M/s. Orient Cargo Movers Pvt. Ltd.,

22-2-270/22, Nizamabag, Dewan Devdi,

Hyderabad – 500002,Rep. by its Manager                  ….Opposite Parties

Counsel for the complainants    : Mr.Suri Sravan Kumar

Counsel for the opposite Parties          :  -

O R D E R

(By Sri K.RAM MOHAN, B.Sc. M.A L.L.B.,  MEMBER on behalf of the bench)

            This complaint has  been filed under Section 12 of C.P. Act 1986 praying this Forum to direct the opposite parties  to make payment of Rs.6,04,668/- to the insurer/complainant No.1, who have paid the said amount  to the assured/complainant No.2 towards  the damage, as a result of accident  during transportation, caused to the consignment, entrusted to the consignee/opposite party No.2 by the  consigner/complainant No.2 for transportation  and delivery of the consigned goods  at complainant’s project site,  Karzara, Bihar from Faridabad,Haryana vide consignment note No.78050 dt.29-11-2016.

1. The facts of the complaint in brief are that  the consigner/complainant No.2 entrusted consignment, consisting of  new Hydraulic Mobile, transportation from Dudhola Haryana State  to Gaya, Bihar State vide consignment note No.78050 dt.29-11-2016 and to deliver the same at their site Karzara, Bihar.   The consigner/complainant No.2 took insurance for the consignment from the insurer/complainant No.1 by paying  premium amount of Rs.38,337/- for a total assured sum of Rs.8,33,162.36.  The carrier vehicle, while carrying the consignment, met with an accident at Railway crossing  resulting in damage to the consignment.  The report of the surveyor, appointed by the insurer/complainant No.1, goes to show that the  damage caused to the consignment is assessed at Rs.6,64,668/-.  On the basis of the report of the  surveyor the insurer/complainant No.1 settled  the claim and totally paid an amount  of Rs.6,04,668/- to the  assured/complainant No.2.  On receiving the above amount  from the  insurer the assured /complainant No.2 executed  a subrogation and letter of Special Power of Attorney  infavour of insurer/complainant No.1;  consequently  insurer/complainant No.1 filed this complaint jointly with the assured/ complainant No.2 against the opposite party No.1&2 for recovery of Rs.6,04,668/- from the opposite parties.  Hence the complaint, praying  for grant of reliefs cited, supra.
2. Both the opposite parties  No.1&2 remained  absent. 
3. During the course of enquiry, in order to  substantiate  their  respective claims, the complainants got filed complaint, affidavit evidence along with  Exhibits A1 to A10 and also a citation.    Nothing has been filed  and no oral arguments  have been advanced on behalf of the opposite  parties  1&2.  

          Perused the documents available on record  and heard the learned counsel for both the  complainants No.1&2; and the points now emerge for consideration are :-    

1. Whether  the insurer/complainant No.1 could make out a case of negligence on the part of the opposite parties No.1&2 and by virtue of  subrogation  and letter of  special power of attorney, whether it entitled to compensation  as prayed for in the complaint ?
2. To what relief?

Point No.1:  The consigner/complainant No.2 entrusted  consignment to the opposite party No.2 which has been  substantiated  by adducing evidence of Ex.A2, Ex.A3 is the insurance policy  issued by the insurer/complainant No.1 to the assured /complainant No.2.  Ex.A7 shows about the damage caused to the consignment.  Ex.A10 evidences  settlement of the claim  and payment of Rs.6,04,668/- by the insurer/complainant No.1 to the assured/consignor/complainant No.2.  Exhibits A1 & A2 are the subrogation and  letter of Special Power of Attorney executed  by the  assured  infavour of the insurer/complainant No.1, by virtue of which  the insurer/complainant no.1 filed this complaint  jointly with the  assured /complainant No.2 praying this Forum to direct the opposite parties  for grant of reliefs as stated supra. 

         The Apex Court rendered its decision on 17^th February, 2010 in the Economic Transport Organization  Vs.M/s. Charan Spinning Mills (P) Ltd that where insurer  settles  the total claim of the assured and makes  total payment towards damage of the consignment  and  files  a complaint  against the  carrier for recovery  of amount  paid to the assured  is entitled  to the same despite  not proving  any negligence on the part of  the opposite parties.  Relying  on the above decision  of the  Apex Court, we allow this complaint infavour of the insurer/complainant No.1 but against  the opposite party No.1&2. 

Point No.2: Despite receipt of the notice of this complaint both the opposite parties No.1&2 remained absent, which shows their further negligence and deficiency of service.  As such we award a compensation of Rs.50,000/-.  Thus we answered to this point  infavour of the complainants  but against  the opposite parties No.1&2. 

             In the result, the complaint is  allowed infavour of the  complainant but against the opposite party No.1&2.

             In the light of the above discussion, we hold the opposite parties No.1&2 are jointly and severally  liable and are hereby directed to pay the following  to the complainant No.1.

1. Rs.6,04,668/- towards damage caused to the consignment and in view of the payment made to the  assured
2. Rs.50,000/- compensation for the monetary loss suffered by the complainant no.1
3. Rs.5,000/- towards cost of the litigation

Time for compliance  : 30 days from the date of receipt of this order and in the event of failure  the above Rs.6,54,668/- attracts 18% P.A till realization.

                     Dictated to steno, transcribed and typed by her, pronounced  by us on this the   2^nd  day of  January, 2020.

LADYMEMBER                   MALEMEMBER                            PRESIDENT

APPENDIX OF EVIDENCE

Exs. filed on behalf of the Complainant:

Ex.A1- Power of Attorney

Ex.A2- letter of subrogation

Ex.A3-copy of insurance policy

Ex.A4- Tax invoice

Ex.A5-consignment note No.78050

Ex.A6-Notice dated 13/12/2016

Ex.A7-Marine claim form

Ex.A8-Survey report

Ex.A9- Payment voucher

Ex.A10- legal notice dated 16/8/2017

Exs. filed on behalf of the Opposite parties: Nil

LADYMEMBER                   MALEMEMBER                             PRESIDENT