JUDGMENT :

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 01.09.2017 passed in A.S.No.78 of 2017 by the XVIII Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 08.11.2016 passed in OS.No.4019 of 2012 passed by the I Assistant Judge City Civil Court, Chennai.

The unsuccessful defendant in the suit is the appellant. The respondents herein filed a suit seeking recovery of Rs.7,05,355/- with interest for the loss caused to the goods of the first respondent, during transit by the appellant/carrier from Chennai to New Delhi. The suit was decreed by the trial Court and the findings of the Trial Court were affirmed by the first Appellate Court. Aggrieved by the same, the unsuccessful defendant has come up with this Second Appeal.

2. According to the respondents/plaintiffs, the first respondent during the course of his business, entrusted 83 numbers of Chest Freezers with the appellant/carrier for transit from Chennai to New Delhi. It was the case of the respondents that as a common carrier it was the duty of the appellant to deliver the goods entrusted in a good condition to the consignee