Honble GARG, J.–This second appeal has been filed by the State of Rajasthan (defendant-appellant) against the judgment and decree dated 11.5.82 passed by the Dist. Judge, Dungarpur in Appeal No. 14/80 by which he partly modified the judgment and decree dated 25.2.80 passed by the learned Civil Judge, Dungarpur and decreed the suit of the plaintiff-respondents for Rs. 2790/- in place of Rs. 5580/-.

(2). It arises in the following circumstances:

That the plaintiff-respondent filed a suit against State of Rajasthan (defendant appellant) in the Court of Civil Judge Dungarpur on 22.4.76 stating that the plaintiff-respondent (M/s Mehta Transport Company) firm received truck load of pipes at Dungarpur from one Mansoor of the office of the Executive Engineer, PHED Division, Dungarpur, and the same was to be transported and consigned to the Assistant Engineer, PHED, Banswara and it was to be sent at the place Anjana. The pipes were loaded in a truck No. RJJ 451 and a freight receipt dated 10.7.72 was issued. The further case of the plaintiff-respondent is that on the way left front wheel tyre of the truck bursted and the truck capsized, as a result of which some of the pipes were damaged. The

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