Satellite antenna ‘damaged’ during transit, logistics company ordered to pay Rs 64 lakh

“The complaint is allowed directing the opposite party to pay Rs 63,94,652 to the complainant no.2 (insurance company) with interest @ 6per cent p.a. from the date of order; to pay costs of Rs 20,000”, the order read.

Sat-Com Antenna damaged

It was stated that the complainant had entrusted the logistics firm with transporting an MCT-SUV PP2 satellite communication system from Hyderabad to its unit in New Delhi. According to the complaint, the consignment, valued at Rs 8.41 crore, was being transported in a vehicle when it passed beneath the Arjungarh Metro station. The Sat-Com antenna fitted on top of the vehicle struck the Metro platform and was allegedly crushed.

It was further stated that the complainant informed about damage to the insurance company and loss was assessed as Rs 63.94 lakh which was paid by the insurance company to the complainant. The logistics firm did not appear in the proceedings despite notices following which its right to file a written version was forfeited.

The commission said the driver was expected to maintain sufficient clearance from fixed structures while transporting the consignment. “It is nothing but misadjustment of clearance, the driver of vehicle is expected to maintain sufficient clearance from fixed structures, the collision constitutes sufficient evidence of failure to exercise reasonable care and caution,” the commission observed.

It held that that the damage was caused purely with negligence of opposite party and as such the opposite party is liable for the loss.

“It is clear that the loss sustained by complainant no.1 was attributable to the acts of opposite party in course of transportation, the complainant no.2 (insurance company) has settled the claim of complainant no.1 in accordance with the terms of the policy by virtue of subrogation executed and acquired rights to recover an amount of Rs 63,94,652, accordingly complainants have established the occurrence of loss and consequential liability of opposite party, the complainant No.2 is entitled to recover an amount of Rs 63,94,652 indemnified,” the order read.

The commission thus directed the logistics firm to pay Rs 63.94 lakh to the insurance company along with Rs 20,000 as costs.

Takeaway

A transporter can be held liable for damage to goods caused by its failure to exercise reasonable care during transit, with an insurer that has settled the insured’s claim entitled to recover the loss from the transporter through subrogation.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Telangana: 1800-4250-0333) or call the National Consumer Helpline at 1915 for assistance.