(R. BANUMATHI,J.)

1. Being aggrieved by the Judgment and Decree in C.S.No.11 of 1990 holding that Appellant – Madras Port Trust is liable to pay a sum of Rs.28,21,979/- and directing the Appellant to pay interest at the rate of 6% per annum from the date of suit till the date of realisation for the alleged damage caused to the consignment - Automatic Cycle Internal Grinder with extra toolings and spares, Madras Port Trust-2nd Defendant has preferred this Appeal. Since most of the facts are not in controversy, we are not elaborately referring to the pleadings as well as the evidence and we shall refer only to that part of the pleadings and the evidence to focus the points involved for decision in the Appeal.

2. The 1st Plaintiff is Public Limited Company having its Office at Jaipur and the 2nd Plaintiff is limited Insurance Company incorporated in Japan. A consignment consisting of two cases of Automatic Cycle Internal Grinder for Grinding Bore of Bearing Races with Extra Toolings and Spares was entrusted to the 1st Defendant – Mitsuit O.S.K.Lines Limited, Japan for safe carriage by sea. The consignment was sent in the vessel M.V. KARINA BONITA and the vessel arrived at Ma