National Textile Corporation Ltd. vs AITCO MOVERS LTD.

COMPLAINANT No. 1-National Textile Corp. Ltd. hired the services of the opposite party Aitco Movers Ltd. for transport of 160 gunny bags of carded cotton yarn under Invoice No. 396/95-96 dated 15.2.1996 valued at Rs. 11,59,020/- and 15 gunny bags of Polyester Viscose on cones under Invoice No. 397/95-96, dated 15.2.1996 and the Truck No. TN 45-A/1670. The goods were to be transported from Kamudakudi to Bhiwandi to the first complainant. The goods did not reach the destination and the opposite party issued certificate dated 16.4.1996 about the loss. The complainants have preferred the claim of Rs. 13,05,538.00 Ps. with interest + cost. The Insurance Company has satisfied the claim of the complainant No. 1. Both, the Corporation and the Insurance Company have signed the joint complaint.

THE opposite parties have contended that there was theft of the vehicle for which police complaints have been filed. It is also contended that the negligence cannot be attributed to the opposite party. THE truck was supplied by M/s. Namakkal Transport, Madurai. Now, we find that the complaint has been lodged but it seems that the driver and the owner of the truck have not stated categorically that there was hijacking of the vehicle by the dacoits. There is also no report from the police as to whether there was dacoity and that the cleaner and driver were attacked. To this extent, this matter remains as conversion of goods by transporter. Under the Carriers'' Act, transporter is responsible for the safe custody and delivery of the goods at the destination. In view of the certificate issued by the opposite party, we believe that the complainants are entitled to the claim which is supported by necessary document. We, therefore, hold that the defences raised by the opposite party are not tenable. The claim has to be decreed. Order "The complainants do recover Rs. 13,05,538/- with 15% interest from the date of the complaint till actual payment plus cost of Rs. 10,000/- from the opposite party. The amount be paid over to the Insurance Company."

Complaint allowed with costs.