SHIVASHAKTI TRANSPORT Vs. UTTAMCHAND KATARIA AKOLA

JUDGEMENT

(1.) Heard Sri Sharad Sanghi, learned counsel for the appellants and Sri Pratap Narayan Sanghi, learned counsel for the respondents.

(2.) The original appellant Sivaprasad Dhoot who is said to be the proprietor of Sivasakthi Transport of Adilabad is the defendant in O.S. No. 30 of 1992 on the file of the Court of District Judge, Adilabad (trial court). The said suit was decreed with costs by the trial court on 26.09.1994 for a sum of Rs. 3,35,445-40 ps with future interest at 18% per annum on the sum of Rs. 3,06,639-32 ps from the date of the suit till realization. Questioning the same this appeal has been filed. Pending the appeal, the original appellant died and thereafter his wife and sons came on record as appellants 2 to 5 as his legal representatives.

(3.) The matter pertains to a claim for compensation for the value of the goods entrusted to the appellant for transport and which are said to have been lost in transit. For convenience, the parties shall hereafter be referred as they are arrayed in the suit.