KIRANKUMAR KAMALKUMAR Vs. HIMMAT TRANSPORT SERVICE

JUDGEMENT

(1.) The plaintiff has filed a suit being Civil Suit No. 2882 of 1973 to recover Rs. 3,650.97 by way of damages and Rs. 342.93 for loss of profit and sundry expenses in the consignment loss against the defendants. The City Civil Court, Ahmedabad, by its judgment and order dated 22.11.1978, dismissed the said suit against which the present appeal is filed.

(2.) The plaintiff, a partnership firm, filed a suit against the defendant No. 1, a common carrier for recovery of damages for loss of goods and defendant No. 2, an insurer, on the basis of the agreement of insurance with respect to the said goods. The goods are said to have been entrusted to the defendant No. 1 on 5.7.1972 under defendant No. 1's lorry receipt Nos. 75008 and 75009. The value of the goods is said to be Rs. 1,812.68 plus Rs. 1,838.29, thus in all Rs. 3,650.97.

(3.) The defendant No. 1, did not file any independent written statement, but prayed for leave to defend the suit on the basis of the affidavit filed at Exh. 15 which was treated by the learned trial Judge to be the defence of the defendant No. 1. While denying the claim of the plaintiff, the defendant No. 1 contended that the goods entrusted to the defendant No. 1 on 5.7.1972 reached the destination Amreli within two days and the same were delivered to the consignee and, therefore, no damage is suffered by anyone and, therefore, the suit did not lie.