1. Plaintiff is the appellant.

2. The National Paper Caps Company have sent 216 bundles of caps and Roll caps in the lorry TMA 8955 belonging to the defendant from Sivakasi to Raipur and Nagpur. The consignment was insured with the plaintiff. On 29. 1978, the entire consignment was destroyed in a fire - accident due to the negligence of the defendant. The lorry driver gave an information to the consignor. They made a claim with the plaintiff and the defendant. The plaintiff has settled the claim of the consignor by making payment of the suit amount. But, the defendant has not sent any reply to the notice issued by the consignor. The consignor has given a power of attorney and letter of subrogation to the plaintiff. Hence the plaintiff has come forward with the suit.

3. The defendant has resisted the suit by contending that he was only a lorry broker at Sivakasi who is engaged in booking and loading consignments of the various consignors at Sivakasi to other places in the lorries that come to Sivakasi and he is not the owner of TMA 8955. According to the defendant, he was only a broker who carries on business on commission basis and he is not the owner of a public carr