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1996 Supreme(SC) 86

M.M.PUNCHHI, SUJATA V.MANOHAR
New India Assurance Company LTD. – Appellant
Versus
Economic Transport Corporation – Respondent


ORDER

1. This appeal by special leave against the judgment and order of the Andhra Pradesh High Court in Appeal No. 55 of 1989, decided on 1-11-1994, would merit dismissal.

2. Elaborate facts are not necessary to be set out. For details, reference can be made to the judgments and orders of the courts below. Suffice for our purpose that five consignments of microwave antennas were dispatched from Norway destined for Hyderabad en route Bombay by sea and onward to Hyderabad by road on lorries. Right from the beginning, the consignments were insured by the owner with the New India Assurance Company Limited, the appellant before us. Loading and unloading of the consignments for both modes of transport whether at the seaport at Norway or at the seaport at Bombay or from Bombay or at Hyderabad was done by the owners or by others under his directions. The delivery of the consignments taken at Hyderabad was smooth, inasmuch as no objection was raised by the owner to the carrier at that time as to the condition of the consignments. Five lorries had been employed for the purpose and the consignments were delivered on different dates between 29-8-1979 till 4-9-1979, whereupon the entire transa




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