LALIT MOHAN SHARMA, J.

1. The respondent has filed the suit out of which this appeal arises for damages on account of loss of a suit-case. He travelled from Delhi to Patna by Flight No. 411 on the 30th May, 1966 with two pieces of luggage deposited, with the Corporation and was issued ticket Nos. 593450 and 593451. On reaching Patna, only one item of the luggage booked under ticket No. 593450 was delivered to him. He obtained a certificate from the Corporation about the non-delivery of the other item which was an attache-case. 4 kilograms in weight. He received a letter from the defendants informing him about the discovery of an unclaimed luggage at Bombay and requesting him to submit a detailed description of the contents of his luggage which he did. According to the defence case, it was found that the luggage at Bombay did not belong to the plaintiff and the same could not be given to him. The defendant offered a sum of Rs. 320.00 (calculated on the basis of the weight of the attache-case at the rate of Rs. 80/-per kilogram) by way of final settlement of the plaintiffs claim on account of the loss which was refused. After serving a notice, the plaintiff filed the present