S. C. GHOSE, C. J.

( 1 ) THIS appeal is derected against a judgment and decree passed by Ramendra Mohan Datta, J. on January 29, 1968. By the said judgment and decree, the learned trial Judge directed payment of the sum of Rs. 16,500/- in favour of the respondents. The claim of the respondent No. 1 was for non-delivery of goods in the following circumstances: the respondent No. 2 was the insurer of the said goods and paid the respondent No. 1 the value of the goods insured against. The appellant, inter alia, carries on business under the name and style of the Great India Boating Company inter alia as carrier of goods and was at all material times and still is a common carrier of goods for hire by inland navigation. On or about October 3, 1961, the appellant as such common carrier received and accepted at Gauhati 125 bales of raw jute each bale weighing 150 kilograms the property of the respondent No, 1 on board the appellant's barge bearing No. A/5214 to be safely lowed by Steamer and securely carried to Calcutta and there to be delivered to the respondent No. 1 or order. By way and as evidence of the said contract of carriage, the appellant duly issued a bill of lading bearing No

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