B.K. Taimni, Member—The appellant was the opposite party before the State Commission where the respondents had filed a complaint alleging deficiency in service on the part of appellant.

2. Undisputed facts of the case are that the first respondent M/s. Reliance Industries Ltd. entrusted a consignment of 12,900 kgs. of Linear Alkyl Benzene (L.A.B.) chemical for carriage from its unit at Patalganga to Pondicherry under invoice No. L-922 dated 23rd February, 1993. The appellant loaded this consignment in tanker No. MCY 3188 for which lorry receipt was also issued. The consignment was not delivered at Pondicherry to the consignee but was lost on account of accident in which the said tanker was involved. The consignment was also insured. The matter was taken up by the consignee M/s. Reliance Industries Ltd. with the appellant/transporter as also with the Insurance Company (respondent No. 2). The Insurance Company appointed surveyors and after following due process, settled the claim with the first respondent by paying Rs. 6,10,900 after obtaining a letter of subrogation and assignment. When the matter was taken up by the consigner with the appellant transporter for settlement of it