BENCH: G.P. BHUTT, J, T.C. SHRIVASTAVA, J
FACTS:
- The plaintiff had booked a motor car on 12 Spetember1947 with the North Western Railway to be carried to Jabalpur. However, the car was lost in transit.
- The plaintiff had claimed a sum of Rs. 6000 from the Union of India.
- The car was insured with the Defendant No. 2 i.e. The Insurance Company National Fire and General Insurance Co, Ltd., Calcutta which was also sought to be made liable for the claim
- The trial court held neither the Union of India nor the Insurance Company liable
ISSUE:
Whether the Defendants were liable to compensate for the loss incurred by the Plaintiff
CONTENTIONS BY DEFENDANTS:
- That the consignment was in the Dominion of Pakistan, and as the consignment was never handed over to the Indian Railways
- That since the car was lying at Karachi and has not been lost, the liability of insurance company was excused under the general policy.
JUDGEMENT
The court held that the plea had been raised on the wrong impressions under the Disabled Persons Act. The Indian railways stand not liable on the basis of contract which was admittedly made with a foreign railway. The burden of proving that the car was lost stands with the plaintiff and sice he was unable to do so, the insurance company cannot be held liable to indemnify the loss. The High court endorsed the findings of the trial court and dismissed the appeal with costs.
