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2017 Supreme(J&K) 983

SUNIL HALI, D.K.KAPOOR
United India Insurance Co. Ltd. – Appellant
Versus
Bharat Parivahan – Respondent


Advocates Appeared:
For the Appellant :Mr. Vishnu Gupta, Advocate
For the Respondent:Mr. Suneel Malhotra, Advocate

JUDGMENT :

Sunil Hali (Retd.), President

The complainant No. 2 is conducting the business of sale and export of dry fruits including walnut kernels at Bari Brahamina, Jammu. As a regular feature of his business, he has to dispatch dry fruit and walnut kernels of different qualities loaded in cartons to different places all over India by rail or road.

2. A consignment of walnut kernels weighing 660 Kgs packed in 44 cartons was sent by the complainant No.2 to M/s New Ramesh Kiryana Store, Sindhi Commercial Market, Kallupur, Ahmedabad through opposite party No. 1 on 09.01.2014 and the same was handed over to opposite party No. 1 for safe delivery to the said consignee. The value of the said consignment as per the Invoice No. SIS/2013-626 dated 08.01.2014 was Rs. 5,20,617.18. On the same day another consignment of walnut kernels weighing 150 Kgs packed in 10 cartons was dispatched to M/s Tejpal Suppliers, 4 Krishan Kanaiya Complex, Madhopura, Ahmedabad through opposite party No. 1 vide Invoice No. SIS/2013-627 dated 08.01.2014. The net value of this consignment as per the invoice was Rs. 1,23,519.45

3. Both these consignments were handed over to opposite party No. 1 for transportation, wh




























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