NARASUS SAARATHY ENTERPRISES PRIVATE LIMITED Vs. PATVOLK, DIVISION OF FORBES GOKAK LIMITED 88, WORLD TRADE AVENUE, HARBOUR ESTATE, TUTICORIN - 62800.

JUDGEMENT

(1.) This second appeal arises out of a suit for damages.

(2.) The plaintiff in O.S.No.215 of 2000 on the file of the Sub Court, Thoothukudi, is the appellant herein. The plaintiff placed an import order with an Australian company for supply of 551.080 metric tones of wheat. The goods were despatched from Sydney through a vessel under bill of lading No.SY913266 dtd. 15/10/1999. The goods were loaded in 25 full container loads. Tuticorin port was fixed as the port of destination. The plaintiff had engaged an agency for clearing the goods and despatching the same to their factory at Salem. The shipper loaded the entire consignment on 15/10/1999. Defendants 2 and 3 were the liners who had undertaken to transport the goods from Sydney to Thoothukudi. The first defendant was their agent. On account of the negligence on the part of the defendants, the goods instead of landing at Thoothukudi port, landed at Mumbai port. A circuitous route was taken. In normal circumstances, delivery which should have been taken 30 to 40 days was delayed by more than three months. The goods reached Colombo and then went to Mumbai. The shipment reached Tuticorin by train. The plaintiff claimed that he suffered loss to the tune of Rs.4,17,805.00. The losses were quantified under seven distinct heads. Adding the interest component, the plaintiff filed the aforesaid suit for directing the defendants to pay a sum of Rs.4,56,335.00 with interest. Defendants 2 and 3 filed written statement controverting the plaint averments. Based on the divergent pleadings, the trial Court framed the necessary issues. On the side of the plaintiff, as many as five witnesses were examined. Ex.A.1 to Ex.A.48 were marked. On the side of the defendants, D.W.1 was examined. Bill of lading dtd. 15/10/1999 was marked as Ex.B.1. After considering the evidence on record, the trial Court by judgment and decree dtd. 2/8/2004 partly decreed the suit by directing the defendants to pay the plaintiff a sum of Rs.4,11,255.50 with interest @ 6% p.a. from the date of plaint till the date of payment.

(3.) Aggrieved by the same, the defendants filed A.S.No.67 of 2005 before the Principal District Judge, Thoothukudi. By the impugned judgment and decree dtd. 27/7/2011, the judgment and decree passed by the trial Court was modified and the appeal was partly allowed and the liability of the defendants was reduced to Rs.82,793.00 to be paid with interest @ 6% p.a. from the date of plaint till the date of realization. Challenging the same, the plaintiff has filed this second appeal.