S. Ravindra Bhat, J.

1. The defendant’s appeal questions the judgment and order of a learned single judge of this Court, decreeing the suit preferred by Tej Shoes (the plaintiff, hereafter referred to by name), to the extent of Rs. 20,81,372/10 with interest @ 10% per annum. Tej Shoes had sued the defendant (appellant hereafter, called “Air India”) for value of loss of its goods, wrongfully released to the consignee.

2. Air India is an international air carrier. In 1990, M/s Tej Shoe Exporters hired the services of Air India for transporting a consignment worth DM (Deutsche Mark) 1,50,152 by Airway Bill No 09857645545 dated 21.08.09. The named consignee under the airway bill was a bank, Sparkse Naila, Wester - 18674 Nalia, West Germany. The consigned goods and the Airway bill were to be handed over to the consignee after receiving payment of the goods. Tej Shoes did not make any declaration of the amount of consignment for the carrier in the said airway bill. In order to deliver the goods in Nuremberg, Air India entrusted the goods to Lufthansa Airways (the second respondent) at Frankfurt. This was done under terms and conditions printed on the reverse of the airway bil