S.N.KAPOOR, B.K.TAIMNI
Green Transport – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
B.K. Taimni, Member— These three appeals filed by the Appellant Carrier M/s. Green Transport, involved a common point of law, hence they are taken together for purposes of passing the orders.
2. Very briefly the facts in each of the case are as follows:
First Appeal No. 241 of 1999:
Second respondent M/s. Shiva Exports hired the services of Appellant for purposes of sending consignment of coconut oil from Cochin to Guntur. The consignment was sent by the Appellant in tanker bearing number MCU. 1964 which met with an accident in Salem district as a result of this 98.20 quintals of coconut oil was lost. The consignment admittedly was insured with the first respondent. Second respondent preferred claim for compensation with the Appellant as also with the Insurance Company. The claim was settled by the Insurers, i.e., Oriental Insurance Corporation for a sum of Rs. 5,01,018/- upon getting a ‘Letter of Assignment’ and ‘Subrogation’. But when the matter was not getting settled with the Appellant, a complaint was filed before the State Commission by the Respondents before us, who after hearing the parties allowed the complaint and directed the appellant to pay Rs. 5,23,563/- with
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