CASE ANALYSIS

Naveen Anil
3rd Sem
Roll no. 20
TIM19

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

Facts related to case

Soman lends car to Suseelan
There was a diamond in cars glove
box which Suseelan wasnt 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.