R. BALASUBRAMANIAN, J.

( 1 ) THE defendant in O. S. No. 158 of 1983 on the file of the 9th Additional City Civil Judge, Madras and the plaintiff therein are the appellant and the respondent respectively in this appeal In this judgment the parties to the appeal would hereinafter be referred to as the plaintiff and the defendant. The plaintiff filed the above suit to recover a sum of Rs. 64,871. 25 made up of Rs. 60,345/- as damages suffered after salvation of the goods with subsequent interest on rs. 60,345/-@ 18% p. a The suit was decreed on merits. Hence the present appeal before this Court at the instance of the defendant heard Mr. D. Rajendran learned Counsel appearing for the defendant and Mr N balasubramanian learned Counsel appearing for the plaintiff.

( 2 ) THE plaint allegations are as follows"the insured of the plaintiff has its registered office at Madras. They booked for transport 360 bags weighing about 9,000 kgs. P. V. C. Resin 124 to M/s. Suryodhaya Industries Limited, Bangalore under Lorry Receipt No. 886 dated 6. 5. 1981. The consignor namely, m/s Chemical and Plastics India limited delivered the goods in good condition to the defendant The goods were ins