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Documents citing Basavaraj Yellappa Pundi vs The National Insurance Company Limited ... on 11 February, 2005

) Bharath Electronics Pvt. Ltd vs Dachser India Private Limited on 21 February, 2023

25. Another decision reported in ILR 2005 KAR 3403 (Basavaraj Yellappa Pundi v. The National Insurance Company Limited and another) is also cited in which the Hon'ble High Court has held that under Section 10 notice of loss or injury to be given within 6 months and when mandatory requirement as per Section 10 is not complied with, it is within the Court's power to dismiss the suit or non- suit the plaintiff. It is also held that, this do not make it obligatory on the part of the plaintiff to mention the issuance 26 CT 1390_Com.O.S.95-2020_ Judgment.doc of such notice in the plaint itself. It is also held in this decision that the plaintiffs are not required to prove negligence or criminal act in any suit filed by them against common carrier, when the claim is made by the plaintiff for loss, damage or non delivery. In this case the damage to the machinery in transit itself is not established, as consignment was delivered in externally sound condition and in packed condition as it was sent. Apart from this, as held in this decision, as per Section 10, notice of claim is to be given to defendant by the plaintiff. Issuing of such Notice and complying with requirement is not established in this case. On looking to the decision cited by the plaintiffs, though the negligence or criminal act of agent is not required to be proved by the plaintiff, there is basic requirement of proving the damage caused in transit and this burden on the plaintiff is not discharged in the present case.
Bangalore District Court Cites 5 - Cited by 0 - Full Document
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