MALABAR STEAMSHIP CO LTD Vs. HOSSAIN KASEM DADA

JUDGEMENT

(1.) This is an application by the Defendant for revision against a decree passed by the Court of Small Causes in a suit for recovery of compensation for loss of certain goods during transit.

(2.) The Plaintiff's case is that the Defendant company are common carriers. They were entrusted on November 8, 1947, with 215 drums of cocoanut oil for carriage from Cochin and delivery to the Plaintiff at Calcutta. They were carried in S.S. "Tanjor" which reached the Calcutta Port on or about November 28, 1947. On November 30, 1947, the Plaintiff took delivery of 209 out of the 215 drums and declined to take delivery of the remaining six drums as they were found in a damaged condition and the contents were alleged to have been pilfered. On December 2, 1947, a requisition was made for survey of the damaged goods and this was held by Messrs. Norman Stewart and Co. The latter reported on December 5, 1947, that the metal drums were second-hand ones--one of them was found to have a cracked body, the rest had either had their sides cut or holed. They calculated the gross weight of the drums with the contents, the tare and the quantity of oil which could contain in them. The Plaintiff claimed the value of the total quantity of oil which was certified as having been contained in the said six drums. The Plaintiff alleged that the consignment was found short due to the negligence and misconduct of the Defendant and its servants and such short weight had been pointed out to the officers at the time of delivery. The Plaintiff had claimed from the Defendant company the amount of loss sustained. The Defendant company contested the Plaintiff's claim. The defence was overruled and the Plaintiff's claim was decreed. The learned Judge allowed the proportionate value in respect of five of the drums. The claim in respect of one of the drums which was found cracked was dismissed.

(3.) This Rule has been obtained by the Defendant company against the decree passed.