1. The defendant in O. S. No. 6 of 1979 on the files of the Court of Additional Subordinate Judge, Cochin is the appellant.

2. The appellant was entrusted with a consignment of 530 tins of Torch Brand Coconut Oil, each tin weighing 15.900 kgs. to be delivered to the 2nd respondent at Bombay. As per the goods consignment note dated 7-6-1977, evidenced by Ext. A2 the value of the consignment was Rs. 93,000/-. The lorry in which the consignment was transported was involved in an accident. According to the respondents, the accident took place as a result of the negligence and carelessness of the driver of the lorry. The accident took place on 8-6-1977. A crime was registered at the Payyannur Police Station as Crime No. 121/77 in respect of the accident. The 1st respondent went to the scene of accident. The damages were got assessed through an independent Surveyor and Ext, Al dated 11-6-1977 is the report of the Surveyor. The loss was calculated at Rs. 26,910/-. On 29-6-19