1. The present Second Appeal on hand is preferred against the judgment and decree passed by the Additional Sub Judge, Pondicherry in A.S.No.131 of 1996, partly confirming the judgment and decree dated 23.12.1993 passed in O.S.No.558 of 1992 on the file of the I Additional District Munsif, Pondicherry.

2. The parties are referred as per the ranking in the Trial Court.

3. The plaintiff is the owner of the Cargo Boat bearing No.PY-245, which had been engaged by the Pondicherry Port Department in connection with the transportation of rice from M.V. Gachav on 01.11.1988. At the time of loading, the wire of the crane operated by the 1st defendant's Department snapped off accidentally, as a result of which, 30 bags of rice fell down on the plaintiff's Boat and caused extensive damages. The plaintiff has to spent nearly a sum of Rs.10,000/-(Rupees Ten Thousand only) to remake the Boat fit and the Boat was out of use for about three months. Thus, the plaintiff suffered a loss of damages to the tune of Rs.30,000/-(Rupees Thirty Thousand only). In total, the plaintiff has suffered the damages for an extent of Rs.40,000/-(Rupees Forty Thousand only).

4. It was contended that the acciden