KAN SINGH, J.—This second appeal before us raised a question about the liability of a common carrier in respect of the loss of goods in transit delivered to him for the transport.

2. The appellant before us is the legal representative of one Mangilal Chopra of Mangrol who had commenced the action for the recovery of an amount of Rs. 1134/6/6 from Kota Transport Company Limited for non-delivery of 24 maunds and 11 seers of cotton which was consigned from Kota to Mangrol by a truck run under the management and control of the defendant company. It is common ground between the parties that the defendant company had a monopoly to ply transport vehicles within the ex Kota State in the year 1949, and was acting as common carrier of goods. It was averred that on 5-12-1949, Messrs Madhav bass Hiralal of Kota, who were plaintiffs agents, delivered 27 maunds, 11 seers and 4 chhataks of Cotton valued at Rs. 1266/6/6 to the defendant company for being carried to Mangrol. This cotton was carried in a gas plant truck No. 564. Unfortunately, when the loaded truck had come near river Barod on the way it was found to have caught fire and the load was gutted. However, only 3 maunds of the cargo could

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