1. 1. This appeal is filed against the judgment and decree dated 24.12.1986 and made in O.S. No. 167 of 1983 on the Court of the Subordinate Judge at Madurai. The second defendant is the appellant herein.

2. 2. The case of the plaintiff is concisely narrated below:-

The suit is one for a recovery of a sum of Rs. 50,000 being the value of the damaged consignment with subsequent interest at 12% per annum. The plaintiff entrusted 45 bags of cotton yarn on 8.5.1980 to the second defendant-appellant for safe carriage from Madurai to Bombay intended to be delivered at their sales depot at Bombay plaintiff who booked the consignment also insured the consignment with the second plaintiff under the marine insurance open policy under policy No. 125000/3/1/00470/79 to compensate the first plaintiff against any loss or damage caused to the consignment during transit under Ex.A.1 and as such, the plaintiff is insured and the second plaintiff is the insurer. On 15.5.1980, the first plaintiff has received a letter which is Ex.A.6 from the first defendant stating that they have received the consignment containing 45 bags of yarn from Savani Transport Limited and the same is kept on accou