1. Appeal against the judgment and decree made in A.S. No. 414 of 1986, on the file of IX Addl. Judge. City Civil Court, Madras dated 21.7.1987 confirming the judgment and decree and granted in favour of the plaintiff in O.S. No. 5380 of 1980, on the file of II Assistant Judge, City Civil Court, Madras dated 2.2.1985.

2. The twice defeated first defendant M/s. Deepak Transport Agency is the appellant in this Second Appeal.

3. Plaintiff M/s. Transformers & Switch Gears Limited, Madras filed the suit against the defendants M/s. Deepak Transport Agency and 2 others alleging that on 26.3.1977 at Madras, the first plaintiff entrusted with the defendant, who is a common carrier, a consignment of two 100 K.V.A. Transformers to be transported to Gwallior, that the consignment was intended to be delivered to the Assistant Controller of Stores, Madhya Pradesh State Electricity Board, Gwallior, that the consignment was transported by the first defendant in a lorry bearing Registration No. AAT 2313, that the said lorry met with an accident on 30.3.1977 near Khandwa in Maharashtra State, as a result of which damages have been caused to the consignment and that this was confirmed and