Extract
Oberai Forwarding Agency VS. New India Assurance Co. Ltd. & Anr.
PETITIONER: OBERAI FORWARDING AGENCY Vs.RESPONDENT: NEW INDIA ASSURANCE CO. LTD. & ANR.DATE OF JUDGMENT: 01/02/2000BENCH: S.Santosh Hedge, Syed Shah Mohammed Quadri, S.P.BharuchaJUDGMENT: BHARUCHA, J.The facts are set out only in so far as they are relevant to the two issues in this appeal, namely, whether the first respondent insurance company was subrogated to the rights of the second respondent consignor in respect of the lost consignment or whether it was the assignee of the rights of the second respondent in respect thereof; and, if the latter, whether it was a consumer within the meaning of the Consumer Protection Act, 1986, entitled to maintain a complaint thereunder.The second respondent, through its agent, hired two trucks from M/s. Bhasin Goods Carriers of Bareilly to transport broken rice to Barpeta, Assam. According to the appellant, it was asked by M/s. Bhasin Goods Carriers and the second respondents agent only to settle the freight for the consignment, which it did...
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