D. J. JAGANNADHA RAJU, J.

( 1 ) THIS is an appeal by the defendant against the judgment and decree in O. S. No. 401 of 1981 on the file of the V Additional Judge, City Civil Court, Hyderabad. The suit filed by the first plaintiff, National Insurance Company Ltd. , was decreed as prayed for Aggrieved by the same, the defendant, the Transport Company, which acted as a common carrier, has come forward with this appeal.

( 2 ) THE second plaintiff booked a consignment of biscuit tins to M/ s Roy Brothers at Burdwan, West Bengal. The defendant, a common carrier, undertook to transport the consignment. The defendant issued Ex. A. 3 lorry receipt on 25-9-1978 and sent the goods by Lorry B. H. N. 6889. The lorry receipt is signed both by the consignor as well as the representative of the defendant. The lorry receipt indicates that the goods were being carried at owner s risk and there was also a rubber stamp to indicate not responsible for leakage and breakage . The consignment did not reach the destination. It was not delivered to M/s Roy Brothers at Purdwan. On 27-10-1978, the defendant issued non-delivery certificate stating that the whole consignment has been looted near Kolaghat, West

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