The New India Assurance Co. Ltd. And ... vs The Delhi Development Authority And ... on 8 January, 1991
In support of her contention, she relies upon the decision of the Hon'ble Delhi High Court in The New India Assurance Co. Ltd. & Anr. Vs. The Delhi Development Authority & Ors. AIR 1991 Delhi 298 and the decision of this Commission in Mahesh Enterprises Vs. Arun Kumar Gumber & Ors. 2001 CPJ 1 (NC)
In New India Assurance Co. Ltd. (supra), a truck which the plaintiff company had insured was stolen from the parking centre of DDA. The truck owner was reimbursed by the insurer which then filed a suit against the DDA and Union of India for recovery of the amount which it had paid to the insured. The vehicle had been parked at the parking centre of DDA against a proper receipt. It was held that the defendants were responsible for the safety of the truck which had been stolen from the aforesaid parking site. Reference in this regard was made to Section 148 of the Indian Contract Act. The aforesaid judgment however, is of no help to the petitioner company. Nothing prevents the petitioner form reimbursing the complainant and then claiming the said amount from the Regent Automobiles Pvt. Ltd., enforcing the alleged liability of the Bailee under the provision of Contract Act. But, it cannot be said that the claim lodged by the complainant arose out of the contractual liability between him and the workshop.