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2000 Supreme(J&K) 53

T.S.DOABIA
Hindustan Transport Service – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates Appeared:
Advocate For Appellant: P.N. Raina
Advocate For Respondent: Ajay Gandotra

M/s. Dev Raj Raj Kumar hereinafter referred to as complainant No. 1 sent a consignment of goods. This was gone by utilising the services of a transport vehicle bearing registration No; JKO-559. These goods were covered by a marine insurance policy. The value of the goods which was subject matter of the consignment is said to be Rs. 1,27,295/-. The fact that these goods were despatched through this truck was sought to be proved by placing relience on a challan prepared in this regard. It was the further case of complainant No. 1 that it was the appellant Hindustan Transport service yard No.5, Transport Nagar Jamu which Allotted the truck in question for transporting the goods. One Vinod Kumar is said to be driver of the vehicle.

2. As indicated above, the goods were got insured for a sum of Rs. 1,000,000/- (Ten Lakks). This insurance was valid from 26-5-1995 to 26-5-1996. It is the further case of complainant No. 1 that the truck met with an accident. It fell 150 feet below the hill slope. This resulted in damage to the vehicle. This also caused loss to the goods. A Surveyor is said to have been appointed by the National Insurance Company (hereinafter referred to as the Insurance Co
































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