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K.R.UDAYABHANU
NICE CHEMICALS PVT. LTD. – Appellant
Versus
PRAKASH ROADLINES LTD. – Respondent


Advocates Appeared:
Mr. Rajan P. Kaliyath, Advocate, for the Appellant; Mr. Joshy Thannickamattam, Advocate, for the Respondent

ORDER

K.R. Udayabhanu, President - The complainant, a Private Limited Company has alleged deficiency in service on the part of the opposite parties, a common carrier. It is alleged that the complainant on 23.10.2001 entrusted a consignment of its products for transportation from Ernakulam to Ambala Contonment and a sum of Rs. 9,000 was paid towards freight charges. The goods were lost in transit on 31.10.2001. Only goods worth Rs. 22,328 could be salvaged from the entire consignment. The declared value of the consignment was Rs. 6,55,704.50. The remaining goods worth Rs. 6,33,736 was lost in transit due to the negligence and want of care on the part of the opposite party. The opposite party has issued an open delivery certificate dated 22.12.2001 acknowledging the loss of goods worth Rs. 6,33,376 in transit. Claim was lodged on 24.12.2001 claiming a sum of Rs. 6,33,376 being the value of goods lost in transit. The opposite party is not settling the claim so far. Hence a sum of Rs. 6,43,376 that included freight charges of Rs. 9,000 with interest at 18% per annum and compensation of Rs. 25,000 is claimed.

2. The opposite party has filed version contending that the complaint is bad on

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