1 This appeal arises from the judgment and decree of the learned Subordinate Judge of Cochin in O. S. No. 79 of 1972. The appellant is the defendant in a suit for the value of goods short delivered and damaged. The respondents who are plaintiffs 1 and 2 are respectively the insurer and the consignee of cargo shipped on board the vessel S. S. Anton belonging to the defendant. The cargo consisted of 12934 bags of chemicals It was shipped at Okha under bill of lading No. 1 dated 5th July 1971 (Ext. A1 which is the same as Ext B40). It was consigned to "Self" and it was agreed to be delivered to the consignee at Cochin. Freight was prepaid before shipment on the basis of weight of the cargo as declared by the shipper. The cargo was not however weighed by or in the presence of the carrier prior to or at the time of shipment. The entire cargo on board the ship during the voyage from Okha to Cochin consisted of what is covered by Ext. Al bill of lading. The ship arrived at the Port of Cochin on 13-7-1971 and completed discharge of the cargo on 17-7-1971. The cargo was discharged midstream into lighters hired for the purpose by the consignee, viz., the 2nd plaintiff (2nd respondent) Boat n