N. Chaudhury, J.

By judgment and decree dated 25.03.2004, the learned Civil Judge (Sr. Division.) No. 3, Kamrup at Guwahati dismissed Money Suit No. 274 of 1998 of his Court holding that the defendants, a common carrier is not liable to make payment of any compensation to the plaintiffs against short delivery. This judgment has been brought under challenge in the present appeal by the plaintiffs.

2. National Insurance Company Ltd. and M/S Wine Word, as plaintiff No. 1 and plaintiff No. 2, instituted Money Suit No. 274 of 1998 in the court of learned Civil Judge (Senior Division) No. 1 at Guwahati for realisation of Rs. 7,29,024/- from the defendants, Arunachal Carrying Corporation. The pleaded story of the plaintiffs is that plaintiff No. 1 is a Public Sector Undertaking engaged in business of insurance including marine policy and plaintiff No. 2 is a firm who purchased a cargo/inland transit policy being No. 200301/4400061/96 by declaration dated 10.02.1996 from the plaintiff No. 1. This policy was purchased in respect of a consignment. The plaintiff No. 2 executed a letter of subrogation to the plaintiff No. 1 for filing suit against defendants, the common carri