TRANSPORT CORPORATION OF INDIA (P.) LIMITED AND ANOTHER Vs. ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) DEFENDANT No. 2 in O.S. No. 311 of 1972 on the file of the First Additional Civil Judge, Bangalore City, is the first appellant. Respondents Nos. 1 and 2 as plaintiffs filed the suit for recovery of Rs.49,263.50 being the value of 3789.5 kgs. of copper coils at Rs.13 per kg., interest of Rs.5,051,.44 and Rs.446 as the survey fees and expenses.

(2.) THE undisputed facts are that plaintiff No. 2 had sent copper scrap to the Indian Cable Company, Calcutta for being melted and converted into copper coils. The Indian Copper Company, Calcutta, converted the copper scrap into 115 copper weighing 11,744.500 kgs. It consigned the said copper coils to defendant No. 1 for being transported from Tatanagar to Bangalore, the consignee being plaintiff No. 2. On January 13, 1971, defendant No. 1 issued lorry receipts bearing Nos. B -508 to B -513. Defendant 1 in turn entrusted the same to defendant No. 2 for actual transport from Tatanager to Bangalore and for delivery to plaintiff No. 2 at Bangalore. Delivery was to be made by January 18, 1971. But, defendant No. 2 which had, on receiving the consignment, issued consignment notes bearing Nos. A -004 to 009, delivered the same on February 3, 1971, at Bangalore to plaintiff No. 2. At the time of delivery, it was found that there were only 112 copper coils weighing 7955 kgs. and as such there was shortage of 3789.500 kgs. valued at Rs.49,363.50 at Rs.13 per kg. Defendant No. 2 certified this shortage by issuing a certificate exhibit P -5 on February 3, 1971. The consignment was also surveyed by M/s. Surveyor Bureau, Madras and it was found that several of the coils bore evidence of having been cut at both ends and pilfered.

(3.) IT is on this basis that the plaintiffs have filed the suit.