B.K. Taimni, Member—Appellant was the first opposite party before the State Commission where the first and the second respondent had filed a complaint alleging deficiency in service on the part of the appellant and third respondent.

2. Very briefly the facts of the case are that the respondent, namely, Deepak Spinners Ltd. hired the services of the Appellant M/s. Gulab Roadlines for transporting baggages of P. W. yarn for delivery to M/s Meeta Textile at Andheri Mumbai. This consignment was not delivered at the destination. It is also admitted position that the consignment was under Insurance Cover issued by the first respondent, i.e., M/s. Oriental Insurance Co. Ltd. The matter of non-delivery was reported to the first respondent Insurance Company as also matter was taken up with the transporters

M/s. Gulab Road Lines. While the insurers after following due procedure, settled the claim at Rs. 9,79,800 after obtaining letter of subrogation and assignment, but when the matter was not getting settled with the appellant, a joint complaint was filed by the Insurance Company as also the original consigner before the State Commission who after hearing the parties directed the Appell