RAVICHANDRAN TRANSPORTS Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The defendant in O.S. No. 158 of 1983 on the file of the 9th Additional City Civil Judge, Madras and the plaintiff therein are the appellant and the respondent respectively in this appeal In this judgment the parties to the appeal would hereinafter be referred to as the plaintiff and the defendant. The plaintiff filed the above suit to recover a sum of Rs. 64,871.25 made up of Rs.60,345/- as damages suffered after salvation of the goods with subsequent interest on Rs.60,345/- @ 18% p.a The suit was decreed on merits. Hence the present appeal before this Court at the instance of the defendant Heard Mr. D. Rajendran learned Counsel appearing for the defendant and Mr N Balasubramanian learned Counsel appearing for the plaintiff.

(2.) The plaint allegations are as follows

(3.) The defendant filed a written statement inter alia contending as follows