S.K. Kar, J.

1. This first appeal is against the judgment and decree passed by learned District Judge, Nagaon, in Money Suit No. 1/1998.

2. I have heard learned lawyers appearing for the appellant as well as learned lawyers appearing for the respondents. Perused the evidence and materials on record vide LCR called for.

3. Briefly stated, the respondent / plaintiff Charai Bahi Co-operative Society Ltd., represented by Secretary Sri Chandra Saikia, on 7.8.1996, handed over 88 bags of rice, weighing 80 quintals to be carried by the appellant/defendant No. 1 from F.C.I. godown at Nagoan to Charaibahi in Morigaon district. The carrying charge was fixed at Rs. 2300 and the defendant No. 1 received the rice and in his attempt to carry the same engaged his truck No. AS-02-5821. Unfortunately the truck met with an accident as a result appellant/defendant No. 1 failed to deliver the rice to the destination as per the terms and condition of the contract. It was further pleaded that the accident took place due to rash and negligent driving of the truck. That 76 numbers of bags of the rice got totally damaged and the balance of 12 bags could only be delivered and hence the suit to recover