The first defendant in O.S.No.66 of 1986 and O.S.No. 146 of 1988 on the file of the Sub Court, Tuticorin, is the appellant in both the appeals.

.2. The plaintiff’s case in both the suits is briefly as follows:1175 bundles of match boxes belonging to the third respondent in O.S.No.66 of 1986 and 150 bundles of match boxes belonging to the third defendant in O.S.No. 146 of 1988 were despatched by them to the first defendant from Kovilpatti and Kadambur to Killianwali (Punjab). The consignment in both the suits were insured with the plaintiff in both cases. It was carried in the lorry bearing registration No.KRD 8190 belonging to the first defendant. On 21. 1983 at about 4.00 P.M. near Lakshmi Mills Railway Gate at Kovilpatti, the lorry rolled down in the ditch and the entire consignment was damaged. The consignment belonging to the third defendant in O.S.No.66 of 1986 was insured with the plaintiff for Rs.97,6041. The consignment of the third defendant in O.S.No.146 of 1988 was insured with the plaintiff for Rs.13,223. At the request of the above owners the plaintiff has paid the amount to them. The owners have executed power of attorney and letter of subrogation in favo