Kailasam, O.CJ.-This appeal is preferred by the defendant in C.S. No. 3 of 1968, the Shipping Corporation of India Ltd., against the judgment and decree of N.S. Ramaswami, J. That was a suit filed by the Metal Box Co. of India Ltd., for payment of a sum of Rs. 1,23,769 with interest. The plaintiff imported a certain quantity of tin plates from Japan. The goods imported had been insured with the New Zealand Insurance Co. Ltd., which is the second plaintiff in the suit. When the ship arrived at the Madras Port on 30th December, 1966 it was found that the consignment of the plates was wet. A survey was made and it was found that quite a number of tin plates were damaged. After the surveyor’s report, the first plaintiff made claim for damages to the extent of Rs. 1,23,769. The insurer the second plaintiff, accepted the claim of the first plaintiff and paid the said amount. The suit for recovery of the said amount is based on the ground that the damage to the goods being while the goods were carried by the ship, it was due to the fact that the defendant had not taken proper and sufficient care of the goods. The defence to the suit is that the damage was due to perils, dangers and accide

Click Here to Read the rest of this document