Passed by Shri.Atul Alsi, Hon’ble President. 1. The complainant has filed this complaint for reimbursement of insurance claim granted by it to the insured consigner M/s Sharda Rice Mill, Chamorshi, from the defaulting transporter OP under rights conferred upon it by letter of subrogation. 2. Facts in brief are that, one M/s Sharda Rice Mills, Chamorshi, Distt.Gadchiroli had dispatched a consignment of 834 rice bags, each bag containing 30 kgs.of rice) through the OP transporter, Shree Sai Roadways, from Chamorshi for its delivery to the consignees M/s Paras Traders,Jadhav Wadi, Aurangabad vide invoice Nos.1438 worth Rs.11,94,705/-. These goods were insured by said consigner with the complainant New India Assurance Co.Chandrapur under Marine Policy bearing No.16130021180200000003 for the period between 25/10/2018 to 24/10/2019. 3. These 834 rice bags were loaded in truck bearing No.MH-16 AE7552 at Chamorshi for its conveyance to above destinations through transporter Shri Sai Roadways. However, on 28/7/2019, when the truck carrying goods was in transit near Washim, 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, the consignee refused to take its delivery and hence the bags were returned to the premises of consigner. In the incidence, all the rice bags were badly damaged. After receipt of intimation, the complainant verfied the extent of loss and paid an insurance claim of Rs.3,11,828/- to the consigner M/s Sharada Rice Mills. The consignee issued legal notice dated 31/7/2019 to the OP transporter .claiming loss of Rs.3,11,828/- along with interest thereon @18% p.a. However the OP did not comply the same. 4. The insured M/s Sharada Rice Mills 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. 3,11,828/- along with interest thereon @18% p.a.besides compensation and cost of litigation quantified at Rs.50,000/-. 5. After admission of the complaint, notices was served on OP. In response to notice, the OP appeared through Adv.Baig and sought time to file WS. However, despite several chances, the OP chose not to file the WS. Hence this commission, vide its order dated 17/11/2021, proceeded without WS of OP. 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 The complainant has stated on oath that the consigner M/s Sharda Rice Mills, Chamorshi, Distt.Gadchiroli had dispatched a consignment of 834 rice bags, each bag containing 30 kgs.of rice) worth Rs.11,94,705/- through the OP transporter, Shree Sai Roadways,from Chamorshi for its delivery to the consignees M/s Paras Traders, Jadhav Wadi, Aurangabad vide invoice Nos.1438. These goods were insured by said consigner with the complainant New India Assurance Co.Chandrapur under Marine Policy bearing No.16130021180200000003 for the period between 25/10/2018 to 24/10/2019. While the truck bearing No.MH-16 AE7552 carrying 834 rice bags was in transit, near Washim on 28/7/2019, there was a heavy rain and the rain water entered the load body of truck and the rice bags got dampened and socked and hence, the consignees refused to take its delivery and hence the bags were returned to the premises of consigner. In the incidence, all the rice bags were badly damaged. After receipt of intimation, the complainant verfied the extent of loss and paid an insurance claim of Rs.3,11,828/- to the consigner M/s Sharada Rice Mills. The documents supporting this virsion are filed by the complainant on record. The complainant alleged that as no precautions for protection from rainwater were taken by the transporter, the rice got dampened in heavy rains. The OP has not refuted these averments by filing its reply. When the perishable goods are entrusted to the transporter for its conveyance from one place to another, it is incumbant upon it to take all possible precautions 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 this clear-cut position on record which is supported by documents and which is not rebutted by the OP by filing WS, 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. Rs.3,11,828/- from OP. Hence we proceed to pass the following order.. Final Order - The complaint bearing No. CC/21/41 is partly allowed.
- OP. Shri Sai Roadways shall pay to the complainant an amount of Rs. Rs.3,11,828/- towards cost of damaged goods.
- The OP.shall also pay to the complainant an amount of Rs.10,000/- towards cost of litigation.
-
|
