Reovery from carrier (Transporter) under Subrogation in Insu
M S Sainani
(Querist) 27 May 2009
This query is : Resolved
The case I wish to talk about is a Transport Co booked certain material issuing a GR hiring a Third party Truck getting the Truck hired through a broker, an accepted practice in the Market.
The Truck Driver did not deliver the material & manipulated, sold the Cargo in market, the whereabouts are not traceable and Police as against FIR lodged issued an FR closing the case.
the goods being Insured Carrier issued a non delivery certificate to consignee, an Insurance claim was settled in favour of Insured, claim paid & Insurers are pursuing recovery from carrier under the recovery rights through subrogation & power of attorney.
What is the position for Carrier to defend his case in light of fact that they were also duped by the Truck owner / driver for the goods undelivered, they are also a victim of the fraudulent act. The carrier is having a good reputation & long standing , over 30 Yrs relationship with the Insured & carrier is not indicted & involved in non delivery. Are there chances of defending Transporter's case for no recovery, any case laws / references from Honorable Supreme Court on this ?
How to proceed in this case to defend the transporter who themselves is a victim of this fraud.
M S Sainani
Uma parameswaran
(Expert) 27 May 2009
Try to bring the truck owner and the Driver before the law.
