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1989 Supreme(Kar) 144

K.S.BHATT
INSURANCE CO. LTD. – Appellant
Versus
SATHYANARAYANA TRANSPORT – Respondent


Advocates:
R.D.KOREKAR, RAGHAVENDRA RAO

K. S. BHATT, J.

( 1 ) 1. Plaintiffs are the petitioners in this revision petition. They are aggrieved by the framing of a fresh issue, which reads thus:"whether the plaintiffs prove that the said accident was due to the negligence of the defendant ?"

( 2 ) THE suit is one for damages. According to the plaintiffs they entrusted with the defendant certain goods for transportation from Bangalore to Raichur. The goods were delivered in a damaged condition. According to the plaintiffs, the consignment was carried in a lorry which, while in transit on 11-10-1974 dashed against a transformer post and as a result of the accident the transformer caught fire and the goods in the said lorry got damaged on account of fire and in the course of fire fighting operations. The damaged consignments were collected by the defendant ana despatched to the second plaintiffs office and was delivered at Bangalore, The accident aforesaid was caused due to the negligence of the defendant. At para-10 of the plaint, the date 11-10-1974 was referred as one of the dates giving cause of action to the suit, as the date when the consignment was damaged. The learned Munsiff, found it necessary to frame the issue as st










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