reg carriage act 2007
manoj
(Querist) 13 May 2011
This query is : Resolved
Dear Sir
I am a common carrier not registerd as per act but during transit of one pharma co. s materaial of one vehicle met an accident by fault of another vehicle ,i booked that consignment at owners risk,consigner insured the goods from insuranse co. ,now that insurance co. asking same claim(rs. 10 lakhs) from me.what shall i do.please suggest me ,insurnace co. filed suit against me.
Raj Kumar Makkad
(Expert) 13 May 2011
Insurance company alone cannot file suit against you without impleading consigner. You should also observe that whether notice under section 10 of Carriers Act has been given to you or not or whether damage certificate has been given to you or not? These are essential before filing civil suit for damages. You shall have now to contest suit on various grounds available to you including these two grounds told by me.
manoj
(Querist) 14 May 2011
dear sir
consignor issued a notice within 5 days after accident to me for claim amt.,survey report is also there for loss,and insurance co. has power of attorny from consignor but that attorny made later( after accident),and consignor given me in writing (un registerd contract)for that they will not claim more then rs. 1000/- from me.
