that essence of bailment is possession. When the
custody is of the bailee or the sub-bailee, the burden is on them to
show ... bailer or to be
dealt within a particular way by the bailee, as per directions of the
Consumer Complaint No.389 of 2016 15
bailer
value?
When the car was in the custody of the sub-bailee, it was destroyed by fire
that occurred in the repairer's workshop ... bailee was bound to take
the same care as a man of ordinary prudence would take in regard to his
own goods of the same
Icici Lombard General Insurance Co.Ltd vs 1. Keshvrao Nathu Bailee on 25 November, 2011
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
STATE CONSUMER DISPUTES REDRESSAL ... Mumbai through its legal
Manager, Shri.Rajesh
Dhane
Vs.
1. Keshvrao Nathu Bailee,
Mo.
Sonmala, Po.
Murmadi/Tup
Tah.Lakhani,
Dist.Bhandara.
2. The
State
joinder of M/s Hans Paul Steel,
Damtal, who were the bailees, as the truck had been given to them for
fabrication of body. Learned ... Damtal, who became
liable for the loss of the insured vehicle, being bailees. Loss of bailed goods by the bailee is an act
of deficiency
person to
whom they are delivered is called the 'bailee'."
14. In the case of Taj Mahal Hotel v. United India Insurance ... following
decision:
"In this case, goods were entrusted to the bailee (the British
Indian Steam Navigation) for safekeeping. However, due to
negligence
ordinary
prudence.
"Section 151 : In all cases of bailment the bailee is bound to
take as much are of the goods bailed ... same bulk, quality and value as
the goods bailed.
Section 152: The bailee, in the absence of any special contract,
is not responsible
insurance shall not inure to the benefit of
the Carrier or other bailee.
MINIMISING LOSSES
8. It is the duty of the
Assured and their ... minimizing such loss and
8.2 to ensure that all rights
against carriers, bailees or other third parties are properly preserved and
exercised by lodging
that insurance was not for the benefit of the Carrier or
other Bailee. The clause 8.2 of the insurance policy read with
Section ... assured should insure/preserve the right of subrogation against
the carrier/Bailee or Third parties. The policy also stipulates to
give immediate notice
custody of Respondent No.3, the ICD at Tuqghalkabad as
bailee of goods for charges to be paid by complainant
according to the tariff based ... reply has admitted that it was in
the position of bailee of goods, in terms of relevant sections
of Indian Contract Act ; and that
liable to be disposed of by the custodian.
That OP as a bailee had taken due and proper care for safety of the
cargo ... custodian.
8. There is no dispute that
the OP was the bailee and therefore the obligation was cast upon it to take due
and proper
