( 1. ) THE defendant, a common carrier, has come up in appeal, aggrieved by a decree awarding damages against it for the loss caused to the goods in its custody for the purpose of transportation.

( 2. ) IT is not disputed that the respondent No. 2 booked 60 bales of viscose staple fibre with the appellant for the purpose of transportation from Birlanagar, Nagda to Gwalior. At the destination, 11 bales were found wet. The respondent No. 2 insisted upon open delivery. The survey of water soaked bales was conducted by C. P. Sarwahi, PW 2, a licensed surveyor. The bales were insured with the respondent No. 1, an insurance company. The respondent No. 2, M/s. Jiyajee Rao Cotton Mills, Birlanagar, Gwalior, lodged a claim with the insurance company. The cost price of contents of 11 bales was Rs. 12,688. 50. The salvage was valued at Rs. 3,172/ -. An amount of Rs. 9,516. 50 was paid by the respondent No. 1 to respondent No. 2 by way of damages for the loss caused to the staple fibre. The claim of the respondent No. 2 having been satisfied, by a deed of subrogation, right to recover damages came to be assigned to the plaintiff respondent No. 1. The respondent No. 1 served a notice o