JUDGMENT :

(R. Subramanian, J.)

(Prayer: First Appeal filed under Section 96 of C.P.C., against the judgment and decree dated 23.09.2016 passed in O.S.No.678 of 2004 on the file of the I-Additional District Judge, Coimbatore.)

(Prayer: First Appeal filed under Section 96 of C.P.C., against the judgment and decree dated 23.09.2016 passed in O.S.No.805 of 2004 on the file of the I-Additional District Judge, Coimbatore.)

The defendants in O.S.No.678 of 2004 and O.S.No.805 of 2004 are on appeal, aggrieved by a decree granted by the Trial Court, directing payment of a sum of Rs.9,93,631/- with interest at the rate of 9% per annum from the date of suit till date of realization in O.S.No.678 of 2004 and for a sum of Rs.13,94,200/- with interest at the rate of 9% per annum from the date of suit till date of realization in O.S.No.805 of 2004.

2. The suits came to be filed by the respondents namely, the Insurer and the Consignor of the goods namely, cotton yarn on the basis that loss has occurred while the goods were in the custody of the carrier namely, the appellant herein. The Insurance Company, having indemnified the Consignor had obtained a letter of subrogation, authorizing it to claim th