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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
New India Assurance Company Ltd. – Appellant
Versus
Truck Operators Union, Jaitu through its President – Respondent
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. The plaintiff is the appellant before this Court, challenging the judgment and decree dated 23.10.1993 passed by the learned trial Court dismissing its suit for recovery of Rs.1,02,258/- and the judgment dated 08.04.1997 passed by the learned 1st Appellate Court vide which the appeal preferred by it against the aforesaid judgment and decree passed by the learned trial Court, has also been dismissed.
2. For the sake of convenience, the parties shall be referred to in terms of their status before the trial court
3. Succinctly, the facts of the case are that on 03.02.1989, M/s Raman Trading Company entrusted 65 bales of F-414 S/G cotton to the defendant– Truck Operators Union for transportation to Ahmedabad. The goods were loaded in truck bearing No. DIL-5499 under goods receipt No. 002308. The consignment was insured by M/s Raman Trading Company with the plaintiff under a marine insurance policy vide cover note No. 275915, Policy No. 2135060100083 dated 14.12.1988 and declaration No. 0035060028488 dated 03.02.1989. The value of the goods was Rs. 1,99,947.44. While the truck was at Jaitu, the bales of cotton caught fire and were badly damaged. Acc
The court held that the carrier is not liable for damages when the loss occurs due to an accident not caused by negligence, affirming the binding nature of subrogation rights under the Carriers Act.
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....
A common carrier is liable for damages only if caused by negligence or criminal acts; the presumption of negligence can be rebutted by evidence showing that damage was due to an accidental event.
The carrier is strictly liable for loss of goods in transit, and once loss is established, the burden shifts to the carrier to disprove negligence.
The carrier is absolutely liable for loss of goods entrusted to them during transport, and the plaintiffs are not required to prove negligence if they can establish the loss and the entrustment of go....
The court affirmed that under subrogation laws, an insurer can claim losses from a third party if the insured has been indemnified, establishing a valid bailment relationship and the duty of care owe....
A subrogation clause in an insurance contract does not allow an insurer to sue in its own name without an absolute assignment of rights from the insured.
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