M/S. FAST AND SAFE TRANSPORT PVT. LTD., ADMINISTRATIVE OFFICE, T.D. ROAD, ERNAKULAM, KOCHI-35 Vs. M/S. MEDOPHARM, CALICUT DEPOT., 12/12 SOUTH BEACH ROAD, CALICUT-673001,

JUDGEMENT

(1.) DEFENDANT is the appellant. Parties are referred to as plaintiff and defendant. The plaintiff filed a suit for damages claiming an amount of Rs. 1,21,525/ - with future interest on the principal amount of Rs. 1,06,806.25/ - being damages suffered by the plaintiff on account of loss of goods entrusted for carriage to the 1st defendant.

(2.) ACCORDING to the plaintiff 36 cases of medicines were entrusted to the 1st defendant for carriage from Calicut to Thrissur on 21/6/1995. All the goods were lost on account of a fire in the godown of the 1st defendant at Thrissur. The value of the goods lost was Rs. 1,06,806.25/ -. The plaintiff claimed the said amount by letter dated 01/09/1995 and since the 1st defendant did not respond by compensating the plaintiff, after issuing a lawyer's notice dated 04/12/1995 the suit is filed.

(3.) THE court below framed issues as to whether the damages to the goods were caused due to the reasons beyond the control of the 1st defendant and whether the plaintiff was entitled to get compensation for the damage to goods and if so what is the compensation.