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2008 Supreme(Del) 1082

SANJIV KHANNA
UNITED INDIA INSURANCE COMPANY LTD. – Appellant
Versus
BLUE DART EXPRESS LTD. – Respondent


Advocates Appeared:
Mr. R.K. Ram, Advocate.
Mr. Jay Savla, Ms. Meenakshi Ogra and Mr. Arundhati Das, Advocates.

SANJIV KHANNA, J:

1. Plaintiff No. 1, United India Insurance Company Limited and plaintiff No. 2, M/s Rolta India Limited have filed the present suit for recovery of Rs.23,53,476/- against M/s Blue Dart Express Limited, the defendant No. 1. Plaintiff No. 1 claims that it is entitled to file the present suit under Letter of Subrogation and Special Power of Attorney dated 10th September, 1999 executed by plaintiff No. 2.

2. The defendant No. 1, M/s Blue Dart Express Limited is a common carrier and had transported consignment of imported computers and computer peripherals in 52 boxes from Delhi to Military Intelligence Headquarters, 4 Corps, Tejpur, Assam vide carriage way bill dated 1st December, 1998. The delivery was taken on 10th December, 1998 and the consignee viz. Directorate of Military Intelligence, Tejpur, Assam at that time had noticed damage to box No. 2.

3. The plaintiffs claim that the said box was opened on 15th April, 1999 in the presence of the experts of the plaintiff No. 2 and it was found that photo scanner had been damaged and required complete replacement.

4. Plaintiff No. 2 had taken an inland transit insurance policy from plaintiff No. 1 and on account of dam












































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