CASE ANALYSIS

Naveen Anil3rd Sem

Roll no. 20TIM19

Case on bailment

• Soman lends his car to Suseelan. The car is worth Rs.225,000. Without the knowledge of Suseelan, there is a 1 carat diamond in the glove compartment that is worth Rs.385,000. Soman makes no mention of the diamond when he gave the car to Suseelan.Car got stolen from Suseelan and Soman sued Suseelan for a compensation of both car and diamond.

Facts related to case

• Soman lends car to Suseelan• There was a diamond in car’s glove box which

Suseelan wasn’t informed.• Car got stolen.• Soman sue for compensation for both

diamond and car.

Issues related to case

• Is the case related to bailment ?• Will Soman be compensated ?

ISSUE ANALYSIS

• This is a case of bailment.According to section 148 as the delivery of goods by one

person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to direction of the person delivering them.

Here Soman is the bailor who delivered the car to Suseelan whom is the bailee.

• Soman will be compensated as it is one of the rights of bailor.

As per section 152, “Right to claim damage in case of negligence”. If the bailee has not taken responsible care, the bailor has the right to claim for compensation for any damage to the goods.

In this case Suseelan should compensate Soman for the lose of car.

Decision

Court ordered Suseelan to compensate for the car. But there is no proof that Suseelan have the diamond with him nor known about it while car had been lended. Soman will only get the value of car.