JUDGMENT :

Prayer: Appeal Suit has been filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 31.08.2006 made in O.S.No.4919 of 2002 on the file of VI Additional Judge, City Civil Court, Madras.

1. This appeal filed by the defendant, being aggrieved by the judgment and decree of the trial Court allowing the suit filed for recovery of Rs.7,91,162/- with 18% interest from the date of the plaint till realisation.

2. For sake of clarity, parties are described as found in the plaint.

3. Background facts of the case:-

The first plaintiff is a Public Sector Company. The second plaintiff is the Insurance Company, which holds letter of subrogation given by the first plaintiff and also the power of attorney of the first plaintiff. The defendant is a common carrier for reward. On 17.08.1999, the first plaintiff entrusted 10.270 MT of LUBAD-484 lubricating oil worth Rs.8,09,395.44 to the defendant carrier at Chennai for safe carriage and delivery to M/s Bharat Shell Limited, Taloja. The consignment was not delivered to the consignee at Taloja due to the accident at Sathara Highways en route to Taloja on 21.08.1999. On receipt of the information, the second plai