1. The defendant, who has lost before the Courts-below, has filed this appeal against the judgment and decree in O.S.No.3102 of 2002 as confirmed in A.S.No.596 of 2005 confirming the decree and judgment passed by the IV Assistant Judge, City Civil Court, Chennai dated 11-04-2005 passed in O.S.No.3102 of 2002 in so far with regard to the principal amount, on its file.

2. The facts leading to the filing of this Appeal are as follows:-

2.1. The first plaintiff is one KEC International Limited dealing in petrochemicals. The first plaintiff as per invoice bearing No.910711, dated 06-01-2000 despatched a consignment of 7.968 MT of Methyl Ethyl Ketone to their consignee, M/s. Sultanchand Bimalprakash Limited at New Delhi on consignment sale basis. The defendant, Western Carriers at Chennai, in acknowledgement of the entrustment of the consignment in good order, issued the consignment note dated 06-01-2000. The defendant, who as a common carrier though duty-bound to deliver the goods in good condition, failed in discharging their duty, as 1.610 MTs of the consignment were found leaking. The said leakage was also quantified by an independent Surveyor and the loss was assessed. The