A T O (I) PRIVATE LIMITED Vs. S AND S POWER SWITCHGEAR LIMITED, REP BY ITS POWER AGENT/SUBROGEE, THE ORIENTAL INSURANCE COMPANY LIMITED AND ORIENTAL INSURANCE COMPANY LIMITED, REP BY ITS PRINCIPAL OFFICER/SENIOR DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Decree, dated 24.07.1995 made in O.S. No. 5076 of 1995 on the file of the II Asst. Judge, City Civil Court, Chennai.

(2.) The respondents herein were the plaintiffs in the suit, before the trial court. The suit pas filed by the plaintiffs against the appellant/defendant, carrier of the goods. The first respondent herein had sent consignment of goods, through the appellant carrier on 21.03.1989, for safe carrier and delivery to the consignee at Lucknow. The goods were entrusted to the appellant carrier at Chennai on 21.03.1989. The delivery challan letter, dated 21.03.1989 was marked as Ex. A.2 and a copy of the invoice has been marked as Ex. A.1. It is not in dispute that the goods were damaged during transit, due to which, the first respondent sent a letter, dated 18.05.1989 to the appellant, subsequently, survey was conducted to assess the actual damage caused to the consignment of goods. Survey Report prepared by the Surveyor, dated 05.07.1989 has been marked as Ex. A.5. Subsequently, the first respondent sent letters to the appellant, dated 19.07.1989 and 25.08.1989 respectively, the copy of the same have been marked as Exs. A.6 and A.7.

(3.) As per the Surveyor Report, value of the goods sent as per the consignment was at Rs. 9,58,148.80/-. Though the consignment was sent at owner's risk, as per law, the initial burden is on the carrier, namely, the appellant herein that there was no negligence on the part of the carrier in transporting the goods to the destination. As per Ex. A.5, Surveyor Report, the nature of loss/damage is stated that Vacuum Circuit Breakers Sr.Nos.2945 and 2947 found damaged as per the details given in the enclosed schedule. As per the Surveyor's Report, the damage had occurred due to transit jerks and jolts and the loss is estimated at Rs. 1,27,800.77/- and salvage is estimated at Rs. 1,000/- and the net loss was estimated at Rs. 1,26,801.00/-.