1. The Plaintiff in O.S.No.138 of 998, who has succeeded before the trial Court/Sub Court, Thoothukudi since became unsuccessful in the defendant’s First Appeal in A.S.No.119 of 2004 before the Additional District Court, (Fast Track Court-I), Thoothukudi is before us.

2. Second plaintiff/second appellant placed orders with the foreign stream linerviz., Pacific International Lines (PTE) Ltd., Tokyo, Japan for the supply of certain stainless steel scraps from Tokyo, Japan. The consignment was loaded in the vessel of the said foreign company at a Japanese Port on 17.10.1996. The company issued bill of leading. On 15.11.1996 at the port of Tuticoirn the vessel discharged the consignment. There was short landing of cargo to the extent of 2,950Kg. In pursuance of a contract of insurance, the second plaintiff made a claim with the first plaintiff Insurance Company. On 19.03.1997, the insurer paid the assured Rs.1,41,590/- The Insurer subrogated to the assured/second plaintiff. The Insurer laid the suit in O.S.No.138 of 1998 on the allegation that the defendant an Agent of the said Sea Carrier viz., Pacific International Lines(PTE) Ltd., Tokyo, Japan and claimed the said Rs.1,41,590