Srinivasan, J.

The defendant, who has suffered a decree for a sum of Rs.92,628.76 in the trial court, has preferred this appeal. The defendant is Union of India, owning the Southern Railway, represented by its General Manager. The respondents filed the suit O.S.No.153 of 1980 making the following claim. Twelve consignments, each consisting of 3 Nos. M.F.1035 Tractor, were entrusted to the railway administration between April and December, 1977 at Madras by M/s. Tractors and Farm Equipments Limited, Madras (TAFE Ltd.), the consignor for safe carriage by rail to Go-rakpur. The 1st respondent/1st plaintiff is the consignee. The consignments were delivered to the 1st plaintiff in a damaged condition resulting in damage and shortage to each consignment. The 1st plaintiff has suffered a loss of Rs.92,628.76 in all. The details are set out in the plaint. On demand, the railway effected open delivery noting the damage and shortage at the time of delivery. The loss occurred only due to the negligence and or misconduct on the part of the employees of the railway administration and the defendant is, therefore, liable in law to make good the loss suffered by the 1st plaintiff. In sp