This Second Appeal has been filed by the plaintiff. The plaintiff filed a suit being Money Suit No. 12 of 1986 before the Munsiff No. 1 at Tezpur.

2. The brief facts are as follows :-

The defendant is a company incorporated under the Companys Act having its registered office at Silpukhuri, Gauhati. Its business is to carry passengers from one place to another place by omnibuses. The plaintiff who is an advocate of the Tezpur Bar undertook journey from Gauhati to Tezpur by the omnibus of the defendant company on last 2-7-88. The omnibus was numbered as AMK-707 and it started from Gauhati towards Tezpur at 7.15 a.m in the morning hours. The plaintiff had the Embarcation card (ticket) for Rs. 30/- and he was allotted with the seat No. 28 of the said vehicle. The omnibus started from its counter at Paltanbazar of Gauhati City. The plaintiff during the said journey carried some valuable documents/paper/law books but during the said journey, there was heavy downpour of rain water. There were small holes on the roof top of the omnibus and water poured down inside the vehicle wetting the seat cushion and the backrest of the plaintiff and that is not all but his garments were totall