Bangalore District Court
) The New India Assurance Co. Ltd vs Mahaveera Transport Co. Ltd on 1 January, 2019
IN THE COURT OF THE X ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-26)
Dated this the 1st day of January, 2019.
Present
Sri MARUTHI S. BAGADE, B.Com., LL.B.(Spl.),
X Addl. City Civil & Sessions Judge,
Bangalore.
O.S.No.1922/2016
Plaintiffs: 1) The New India Assurance Co. Ltd.
Regional Office, P. Kalinga Rao
Road, Bengaluru-560 027
By duly constituted Attorney.
2) BEML Ltd.
BEML Soudha
No.23/A-4th Main Road
SR Nagar, Bengaluru
Through power of attorney
Plaintiff No.1.
(By Sri K. Suryanarayana Rao, Adv.)
Vs.
Defendant: Mahaveera Transport Co. Ltd.
A-41, Devaraj Urs Trucks Terminal
Opp:Kanteerava Studios
Yeshwanthpur
Bengaluru-560 022.
(By Sri Adinath Narde, Adv.)
Date of institution of the suit 05-03-2016
Nature of the suit For recovery of money
Date of the commencement 20-04-2017
of recording of evidence
2 O.S.No.1922/2016
Date on which the judgment 01-01-2019
Pronounced
Total duration Years Months Days
02 09 10
JUDGMENT
This suit is filed by the plaintiffs for recovery of sum of Rs.2,03,492/- with interest from the defendant.
2. The brief facts of the plaintiffs' case are that:-
The first plaintiff is a public sector undertaking Insurance Company, carrying on the business of general insurance such as motor, marine, fire and miscellaneous insurance, having its head office at Mumbai and a regional office at Kalinga Rao road, Bengaluru. The second plaintiff is the marketing division at BEML Nagar.
Case of the plaintiffs is that the second plaintiff has entrusted the transportation of consignment of earth moving spares worth of Rs.29,24,776/- to the defendant to the consignee i.e., the BEML Ltd., Kokar Industrial Area Kokar, Ranchi from KGF on 12.03.2013. After receiving the 27 packages of consignment in good condition, the defendant has issued lorry receipt No.3528846 dated 12.03.2013. Before dispatching the 3 O.S.No.1922/2016 consignment, the second plaintiff has obtained Marine Cargo Policy bearing No.670500/21/12/02/00000005 from the first plaintiff for transit risk.
Further case of the plaintiffs is that when the lorry bearing No.OR-14/F-3006 delivered the goods to the destination place to the consignee on 22.03.2013, it was noticed damage to 5 nos. track roller. There was an endorsement made on the GC note in this regard. Immediately the second plaintiff intimated the first plaintiff about damage of two track roller. The first plaintiff appointed M/s Absolute Insurance Surveyors Pvt. Ltd.,. The Surveyor after survey has found damage of 5 packages out of 27 packages and assessed the damage @ Rs.2,03,674/-. On the basis of this report, the second plaintiff has made a claim on first plaintiff in a sum of Rs.2,16,315/- in terms of insurance policy. After scrutiny of the claim, the first defendant has paid Rs.2,03,492/- towards damaged units as assessed by the surveyor. After settlement, the second plaintiff has executed a letter of subrogation in favour of the first plaintiff. Therefore, due to irresponsibility of the defendant in transporting the consignment, the first plaintiff has 4 O.S.No.1922/2016 suffered loss on account of the payment of the damaged consignment. Hence, the defendant is liable to pay a sun of Rs.2,03,492/- with interest at 12% per annum.
3. After service of summons, the defendant appeared through the counsel, but not filed written statement though availed sufficient time.
4. To prove the case, Sri Amit Mishra, ADMN Officer of the first plaintiff examined as P.W.1 and got the documents marked as per Ex.P.1 to Ex.P.9 and closed the side. The defendant's counsel neither cross-examined the P.W.1 nor adduced oral or documentary evidence, even after grant of sufficient time.
5. Heard and perused the oral and documentary evidence on record.
6. The points that arise for my determination are as under:-
1) Whether the plaintiff No.1- Insurance Company is entitled for decree of Rs.2,03,492/- with interest at 12% per annum?
2) What order?
5 O.S.No.1922/2016
7. My findings on the above points are as follows:-
1) In the affirmative;
2) As per final order, for the following:-
REASONS
8. POINT No.1:- After going through the materials on record, it is evident that the second plaintiff has entrusted the consignment of earth moving spares worth of Rs.29,24,776/- to BEML Ltd., Kokar Industrial Area Kokar, Ranch from KGF on 12.03.2013 to the defendant as per Ex.P.2. After receiving the 27 packages of consignment in good condition, the defendant has issued lorry receipt No.3528846 dated 12.03.2013. Before dispatching the consignment, the second plaintiff has obtained Marine Cargo Policy bearing No.670500/21/12/02/00000005 from the first plaintiff for transit risk as per Ex.P.6. When the lorry bearing No.OR- 14-F-3006 delivered the goods to the destination place to the consignee on 22.03.2013, it was noticed damage to 5 nos. track roller as per Ex.P3- damage certifiate. There was an endorsement made on the GC note in this regard. Immediately the second plaintiff intimated the first plaintiff about damage of two track roller. The first 6 O.S.No.1922/2016 plaintiff appointed M/s Absolute Insurance Surveyors Pvt. Ltd.,. The Surveyor after survey has found damage of 5 packages out of 27 packages and assessed the damage @ Rs.2,03,674/- as per the survey report- Ex.P.5. On the basis of this report, the second plaintiff has made a claim on first plaintiff in a sum of Rs.2,16,315/- in terms of insurance policy. After scrutiny of the claim, the first defendant has paid Rs.2,03,492/- towards damaged units as assessed by the surveyor as per Ex.P.9- claim discharge voucher. After settlement, the second plaintiff has executed a letter of subrogation in favour of the first plaintiff as per Ex.P.7. Therefore, due to irresponsibility of the defendant in transporting the consignment, the first plaintiff has suffered loss on account of the payment of the damaged consignment. Hence, the defendant is liable to pay a sun of Rs.2,03,492/- with interest at 12% per annum.
9. It is matter of record that after service of summons through Court, the defendant appeared before the Court through the counsel, but not filed written statement. Thus the case of plaintiffs and the oral and documentary evidence placed on record by the plaintiff 7 O.S.No.1922/2016 No.1 against the defendant as well as the documents are all remained unchallenged.
10. It is well settled principle of law that as provided under Order VIII Rule 10 CPC, when the defendant is called upon to file written statement and not filed, the suit of the plaintiff has to be decreed. It is therefore I am of the confident opinion that the plaintiffs have successfully proved the business transaction and liability of the defendant with interest at 12% p.a. As such, the plaintiff No.1 is entitled to decree for recovery of Rs.2,03,492/- with future interest at 12% p.a. Hence, point No.1 under discussion is answered in affirmative.
11. POINT No.2:- For the reasons stated above, I proceed to pass the following:-
ORDER Suit of the plaintiffs is decreed with costs as under:-
It is decreed that the plaintiff No.1- Insurance Company is entitled to recover suit claim amount of Rs.2,03,492/- with future interest at 12% p.a. from the date 8 O.S.No.1922/2016 of suit till its final realization, from the defendant.
Draw decree accordingly. (Dictated to the Judgment Writer directly on Computer, printout taken, corrected and then pronounced by me in the Open Court on this the 1st day of January, 2019).
(MARUTHI S. BAGADE) X Addl. City Civil & Sessions Judge, Bangalore.
ANNEXURE List of witnesses examined for the plaintiffs:
PW.1 : Amit Mishra List of documents exhibited for plaintiffs:
Ex.P1 : Authorisation letter Ex.P2 : Dispatch advice Ex.P3 : Damage certificate Ex.P4 : Postal acknowledgement Ex.P5 : Survey report Ex.P6 : Insurance certificate Ex.P7 : Subrogation letter Ex.P8 : Indemnity bond Ex.P9 : Claim discharge voucher
List of witnesses examined and documents got exhibited for defendant:-
Nil X Addl. City Civil & Sessions Judge, Bangalore.Digitally signed by MARUTHI
MARUTHI BAGADE
DN: cn=MARUTHI
BAGADE,ou=HIGH COURT OF
BAGADE KARNATAKA,o=GOVERNMENT OF
KARNATAKA,st=Karnataka,c=IN
Date: 2019.01.08 11:34:39 IST