Mr. Justice R.N. Mittal, President. — Briefly, the facts of the case are that M/s Seth Brothers (Perfumers) Pvt. Ltd., Tilak Bazar, Delhi imported from Singapore Patchouli Oil. The Oil was filled in three drums of 200 kilograms each. It was received in India from Singapore at Bombay. The consignment was booked by M/s Seth Brothers with the respondent for transportation from Bombay to Delhi vide goods receipt No. 44352 dated 26th March, 1988. The consignment was insured by M/s Seth Brothers with the complainant.

2. It is alleged that due to careless and negligent handling of the consignment by the respondent and their employees one drum developed cracks at the bottom during transit and the oil leaked out. M/s Seth Brothers lodged their claim with the respondent, but they failed to settle the same. The complainant settled the claim of M/s Seth Brothers and paid an amount of Rs. 1,74,255/- to them. They assigned/transferred their rights to claim the amount from the respondent in favour of the complainant by executing letter of subrogation and power of attorney in their favour. Consequently, the respondent, it is pleaded, is liable to pay the following amounts to the complainant.

1.