Negligence - The respondent No. 3 booked a consignment of monoblock pumps with the appellant which were damaged in accident when the goods were in transit - The Consumer fora held that the appellant as a common carrier was the insurer of the goods in transit and if the goods have been damaged, the appellant was liable to respondents No. 1 and 2 for negligence, therefore, awarded a sum of Rs. 3,60,131/- along with interest @ 12% p.a. to the respondents - Hence, the appeal - The Supreme Court opined that if the price of the monoblock pumps as awarded by the Consumer fora had received by respondent No. 3 from the respondents No. 1 and 2, the appellant was entitled to the return of the damaged 198 monoblock pumps from respondents No. 1 and in case the respondents No. 3 has disposed of the 198 monoblock pumps in the meanwhile, the appellant was entitled to the value of the 198 damaged monoblock pumps realized by the respondent No. 3 - Matter remanded to the District Forum - Appeal allowed- Direction issued.

Topic(s)-Negligence

Important Decision(s)-