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1982 Supreme(Ker) 204

P.SUBRAMONIAN POTI, T.CHANDRASEKHARA MENON
KERALA TRANSPORT CO. – Appellant
Versus
KUNNATH TEXTILES – Respondent


Judgment :-

1. The defendant, a firm engaged in the business of sale of goods, challenges in this appeal a decree for damages granted to the plaintiff for loss of goods of the plaintiff entrusted to the defendant at Trichur as a carrier to be transported to Willingdon Island and. delivered there. The plaintiff firm booked 15 cases of banians to self on 14-12-1974 at Trichur and paid the lorry; charges. The destination was Willingdon Island. But the office at the Willingdon Island did not deliver the goods and the plaintiff was informed that the goods had been lost by fire. The fire was on 19-12-1974, five days of the consignment of the goods. According to the defendant the goods were lost by fire and such fire was caused by short circuit of electric wires. That was said to be not on account of negligence or carelessness of the defendant and hence the defendant urged that he was not liable. The facts are more or less admitted and on these facts the trial court found that the defendant as carrier must answer for the loss of the goods. Accordingly a decree was granted for the value of such goods.

2. The entrustment of the goods, arrival of the goods at Willingdon Island, the fire that















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