P. D. DINAKARAN, J. :- The above appeal is directed against the decree and judgment dated 29-11-1988 made in O.S. No. 4991 of 1995 passed by the learned II Assistant Judge, City Civil Court, Madras dismissing the suit laid by the appellants herein to recover a sum of Rs. 56,307.55 p with interest @ 12% per annum from the date of plaint till the date of realization.

2. For the purpose of convenience, the parties to the appeal shall be referred to as per their rank in the suit.

3.1. The second plaintiff is the Insurance Company. The first plaintiff entrusted a consignment containing 1080 tins and 77 cartons of biscuits with the defendant in the suit to transport the same from Bangalore to Calicut, under LR No. 10843 dated 31-1-1983 and to deliver the consignment to M/s. Bond Food Products Private Limited, C/o Spencer's and Co. Limited at No. 8/149, Beach Road, Calicut-673001, of course, after insuring the same with the second plaintiff for all risks, under Policy No. 4120/3/548/M/49/B-OPL, dated 31-1-1983.

3.2. Unfortunately, in an accident that took place on 1-2-1983, during transit from Bangalore to Mysore, the entire consignment was badly damaged and the same was brought to