JAIPUR BULK CARRIER vs MUKESH OIL MILL PVT. LTD.

THIS appeal has been filed by the appellant M/s. Jaipur Bulk Carrier which was O.P. No. 2 before the District Forum, Alwar against the order dated 19.9.2002 passed in Complaint Case No. 194/2001, by which the complaint of respondent No. 1 was allowed against the appellant as well as against respondent No. 2 Insurance Company which was O.P. No. 1 before the District Forum in the manner that both were directed to pay a sum of Rs. 19,971 along with interest @ 12% p.a. w.e.f. 1.10.2000.

IT may be stated here that the complainant respondent No. 1 had filed a complaint against the respondent No. 1 and the appellant before the District Forum, Alwar on 18.4.2001 inter alia stating that through the transport services of the appellant, mustard oil for the value of Rs. 4,22,763 was sent by the complainant respondent No. 1 on 20.11.1999 and that goods were insured with the respondent No. 2 Insurance Company and that goods had not reached at its destination for which criminal proceedings were initiated and thereafter the present complaint was filed. During the course of the arguments the learned Counsel for the appellant has stated that the respondent No. 2 Insurance Company had made the payment to the complainant respondent No. 1 and this appeal has become infructuous one.

The learned Counsel for the respondent No. 2 Insurance Company has submitted that since the liability was imposed jointly and severally and since payment had been made by the Insurance Company to the complainant respondent No. 1 still Insurance Company had a right to stake its claim against the appellant the carrier service.

IN our considered opinion, whether respondent No. 1 INsurance Company had any cause against the appellant or not, that is a matter between the two and if law permits respondent No. 2 can proceed against the appellant but no direction would be given by this Commission while disposing the present appeal. But on point of limitation, the period spent can be exempted. For reasons the appeal is dismissed as being infrustuous one and it is further made clear that respondent No. 2 Insurance Company would be free to seek remedy before any appropriate Forum if so advised under appropriate law but for that the time spent before the District Forum and before this Commission could be exempted under Section 14 of the Limitation Act in the light of the judgment of Hon''ble Supreme Court in the case of Laxmi Engineering Works v. PSG Industrial Institute, reported in II (1995) CPJ 1 (SC)=1995 (3) SCC 583. Appeal dismissed.