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1999 Supreme(Mad) 1183

R.BALASUBRAMANIAN
SHANMUGA SUNDARAM PILLAI ALIAS SOMASUNDARAM PILLAI – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. , MADURAI – Respondent


For the Appearing Parties:N. Rosi Naidu, S. Sethuraman, Advocates.

Judgment :

R. BALASUBRAMANIAN, J.

( 1 ) -THE judgment-debtor/defendant and the decree holders/plaintiffs in O. S. No. 131 of 1982 on the file of the sub-Court, Srivilliputhur are the appellant and the respondents respectively in this appeal. In this judgment, the parties would hereinafter be referred to as the plaintiffs and the defendant. The plaintiffs filed the suit: for the recovery of a sum of Rs. 63,500/- with interest representing the loss of goods entrusted to the defendant for carriage. On merits the suit was decreed. Hence, the present appeal. Heard Mr. S. Sethurarnan, learned counsel appearing for the defendant and Mr. Rosi Naidu learned Counsel appearing for the plaintiffs.

( 2 ) THE allegation in the plaint are as here-under: on 27. 8. 1979 the second plaintiff booked 100 bundles of match boxes with the defendant to be delivered to their consignee at vijayavada in Andhra Pradesh. The second plaintiff had paid Rs. 150/-as freight charges and the defendant also issued lorry receipt No. 4837, dated 27. 8. 1979 evidencing the said payment. Again on the same day the second plaintiff booked 500 bundles of match boxes with the defendant to be delivered to their named consigne





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