D.R.SHIRASAO
SEPR Refractories India Ltd. – Appellant
Versus
Kataria Carriers – Respondent
ORDER
D.R. Shirasao, Presiding Judicial Member.—Complainants have filed this complaint for getting claim under subrogation from opponents. Brief facts of the case are as under:-
Complainant no.1 had taken services of opponents as carrier for safe delivery of 1 “3 MVA 11/120-420V Furnace Transformer along with fittings” for carrying the same from Vadodara, Gujarat to the place of complainant no.1 at Erode, Tamil Nadu. The said product was dispatched under invoice bearing no.105559 valued for Rs.1,08,01,085/-. The cargo was well packed and was in sound condition and the same was accepted by opponents for carrying the same under Lorry Receipt no.70861 dated 27/12/2012. However, the cargo of complainant no.1 remained non delivered at the destination as the said carrier met with an accident and cargo was damaged in that accident. Subsequently, opponents had delivered consignment to complainant no.1 at their premises in damaged condition on 18/01/2013. On the same day, complainant no.1 lodged monetary claim in respect of damages with opponents to reimburse the same. However, opponents failed and neglected to settle the claim of complainant no.1. The survey and assessment of the damaged
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