VENSON TRANSPORT FIRM Vs. MAHALAKSHMI TRUST

JUDGEMENT

(1.) Short facts leading to the filing of this appeal may be related in order to understand the crux of the issue arising for consideration.

(2.) M/s. Mahalakshmi Trust (complainant), it is said, is a dealer in textiles in Chennai. M/s. Venson Transport (opposite party), a partnership firm, is a public carrier. The complainant entrusted a consignment of Raymond suitings of different qualities and shades totalling 33 metres for transport and delivery at Bangalore to M/s. Sunil Textile Corporation, KG Circle, Bangalore. The booking was made with the opposite party on 22.4.1995 under Lorry Receipt No.70423.

(3.) The consignment was delivered to the consignee M/s. Sunil Textile Corporation on 21.6.1995. On opening the parcel on that day itself, the consignee found that the consignment was completely damaged due to rat bites. The consignee wrote to the opposite party complaining about the damage to the consignment on the very next day on 22.6.1995.