( 1 ) THE appellant before this Court is the defendant before the Trial court. The respondents are the plaintiffs 1 and 2 before the Trial Court.

( 2 ) THE brief facts that led to the filing of the present appeal is as under:the first appellant is the first plaintiff before the Trial Court. The second plaintiff executed subrogation letter in favour of the second plaintiff for recovery of Rs. 1,07,713/- which came to be paid by the first plaintiff to the second plaintiff in respect of loss or damage caused to the goods insured under Policy No. 602605/21/24/55/92 and declaration No. 1328. All the rights and remedies in consequence of the damage caused to the goods were assigned in favour of the first plaintiff. The second plaintiff is the consignor who was dealing in cotton as Commission agent at APMC Yard, Saundatti. He had insured 50 docras of DCH 32 koppas 99. 70 quintals with the plaintiff 1, a transit insurer by paying the insurance premium for carrying the cotton goods from Saundatti to raichur. The consignee is one M/s. Ghanshyamdas Boob, Cotton merchants, Raichur. The Insurance of the goods for Rs. 1,40,000/- was taken on 10-1-1993.

( 3 ) THE second plaintiff is the consignor

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