T. N. VALLINAYAGAM, J.

( 1 ) THE defendant in O. S. No. 6762 of 1989, a suit for recovery of money, is the appellant before this Court, questioning the decree passed against them.

( 2 ) THE plaint averments are that the first plaintiff is the New India assurance Company Limited and the second plaintiff in M/s. N. G. E. F. Limited. The second plaintiff carries on business in manufacture of the transformers, motors etc. , having its office at Byappanahalli, Old Madras road, Bangalore. The defendant is the public carrier. On 31-12- 1986 the second plaintiff entrusted a consignment of 15 Nos. KVA transformer with oil fittings for transportation and safe delivery at Gaya as per the orders of Bihar State Electricity Board. The defendant accepted the same under Lorry Receipt No. J-00420, dated 31-12-1986. The entire consignment was entrusted in good condition. The consignment was insured by the 2nd plaintiff with the first plaintiff under policy No. 2222101507 covering all the risk such as damages, shortages, non-delivery etc. in transit. The lorry which was carrying the consignment met with an accident on 3-1-1987 at about 12 noon within the jurisdiction of Gopalapattanam Police of Andhra

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