Back
A. P. SAHI, INDER JIT SINGH
Hi-Tech Systems & Services Ltd. – Appellant
Versus
JCC India Pvt. Ltd. – Respondent
ORDER
A.P. Sahi, President—This complaint has been filed claiming damages for deficiency in service by the opposite party no. 1, M/s. JCC India Private Limited for compensating the loss to the Complainant caused due to a consignment of transformer and its accessories having fallen from a 16 wheeler trailer when it was being transported from the Kolkata Port to its destination at the CESC’s Stores at Cossipore. The damaged consignment of the transformer was loaded on trailer no. NL01G0975, when it met with an accident at Circular Garden Reach Road near the Port Fire station under the West Port Police Station area in Kolkata on 14.11.2009 at 10.30 p.m.
2. According to the transporter, the opposite party no. 1, the accident occurred when a motor cyclist suddenly came in the path of the trailer, and in order to save his life the driver had to suddenly apply the brakes as a result whereof the connecting pin between the horse and the trailer got sheared. Resultantly, since the trailer was in a turning mode, the transformer fell of the trailer.
3. The transportation of the consignment was insured with the opposite party no. 2, M/s. TATA AIG General Insurance Company Limited. The accident w
Point of law: When the intention of the Legislation was to cover compulsorily ail the risk arising out of the use of the Motor Vehicle and that the liability of the insurer is co-extensive with that ....
The liability of a common carrier for the loss or damage of property is absolute unless there is a special contract limiting the liability, and the burden of proving absence of negligence is on the c....
1) Clause 4.3 of the Insurance Policy provided that the Respondent shall not be liable to pay the claim amt. in case there is loss or damage due to insufficiency or unsuitability in packing2) Survey ....
The Insurance Company cannot repudiate a valid claim if it failed to advise against potential policy breaches prior to the incident.
(1) Surveyors - Surveyors are appointed by the Insurance Companies and they work strictly as per the directions given and the mandate assigned to them by the Insurance Companies.(2) Independent mind ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
