Final Order / Judgement

(Dated : 30/03/2022)

Passed by Shri.Atul Alsi, Hon’ble President.

1.             The complainant has filed this complaint forreimbursement of insurance claim granted by it to the insured i.e.OP No.1consigner, from defaulting transporter OP No.4, under rights conferred upon it by letter of subrogation.

2.            Facts in brief are that, the OP No.1 M/s Sharda Rice Mills, Chamorshi, Distt.Gadchiroli had dispatched two consignments of 700 & 134 bags (total 834 bags each bag containing 30 kgs.of rice) of Rajarani Brand Rice through the transporter, OP No.4 from Chamorshi for its deliveryto the consignees at Bilaspur i.e.OP Nos.2 M/s Hariram Ramchand  & OP No.3 M/s Adarsh Trading Co. vide invoice Nos.3558 & 3559 worth Rs.4,72,973/- and Rs.91,547/-respectively. These goods were insured by OP No.1 with the complainant New India Assurance Co.Chandrapur under Marine Policy bearing No.1613021180200000003 for the period between 25/10/2018 to 24/10/2019.

3.          These 834 rice bags were loaded in truck bearing No.MH-35 K 3528 at Chamorshi for its conveyance to Bilaspur through transporter OP No.4 Taj Transport. However, when the truck carrying goods was in transit near Bilaspur, there was a heavy rain and the rain water entered the load body of truck and the rice bags got dampened and socked.  As the rice was wet, both the consignees refused to take the delivery and hence the bags were returned to the premises of OP No.1 consigner. In the incidence, all the 834 rice bags were badly damaged. After receipt of intimation, a surveyor was appointed and as per the survey report, there is a total loss of goods. The OP No.1 consignee issued legal notice dated 22/12/2018 to the transporter OP No.4 claiming loss of Rs.5,63,955/- along with interest thereon @12% p.a.However, OP No.4 did not comply the same.

4.           The OP No.1 insured has issued letter of subrogation in favour of complainant National Insurance Company for reimbursement of the claim amount,and under rights conferred upon it by said letter of subrogation the complainant has filed instant petition claiming loss of Rs.5,63,955/- along with interest thereon @12% p.a.besides compensation and cost of litigation.

5.         After admission of the complaint, notices were served on OP Nos.1 to 4.  However, despite service of notice OP Nos.1 to 4 failed to appear before this Commission neither they file any reply to the complaint. Hence this commission passed order on 26/10/2021 to proceed exparte against OP Nos.1 to 4.

6.        The counsel for the complainant argued on the lines of stand taken in the complaint.

7.      We have gone through the complaint, documents and the affidavit filed by the complainant. After careful scrutiny of the documents filed on record and after hearing the complainant, we record our findings in respect of the allegation of deficiency in service, as follows..

                                                        REASONING

8. The survey report of Surveyor Mr.Goutam Kothari is placed on record by the complainant. As per said report, there is a total loss of goods and all the 834 rice bags got dampened due to heavy rains and hence the consignees at Bilaspur i.e.OP Nos.2 & 3 refused to take its delivery and hence the consignment had to be returned to the premises of Consigner OP No.1 at Chamorshi, who sustained damages of Rs.5,62,950/- .  The surveyor has observed that there were heavy rains on 16^th& 17^th of December,2018 and it was the duty of the OP No.4 transporter to take necessary precaution by covering the consignment with waterproof material so that it does not get dampened. However, the transporter failed to take proper precaution which resulted into causing of loss. In view of these clear-cut observations of the surveyor, there remains no doubt about entitlement of the complainant under letter of subrogation to claim reimbursement of loss sustained to the consignment amounting to Rs.5,62,950/- from OP Nos.4. As the OP Nos.1 to 3 are formal parties, the complaint is liable to be dismissed against them. Hence we proceed to pass the following order..

Final Order

1. The complaint bearing No. CC/20/138 is partly allowed against OP No.4.
2. OP No.4, Taj Transport  shall pay to the complainant an amount of Rs.5,62,950/- towards cost of damaged goods.
3. OP No.4 shall also pay to the complainant an amount of Rs.10,000/- towards cost of litigation.

4.  Complaint stands dismissed against OP Nos.1 to 3.

(MRS. Kalpana Jangade(Kute)        (MRS. Kirti Vaidya (Gadgil)]            (MR. Atul D.Alsi)

       HON'BLE MEMBER                                HON'BLE MEMBER                  HON'BLE PRESIDENT