HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA CCCA No. 170 OF 2000

J U D G M E N T:

This Appeal assails Judgement and Decree dated

02.02.1999 in O.S.No.313 of 1991 on the file of the III Senior Civil Judge, City Civil Courts, Secunderabad.

2. For brevity, parties are referred to as arrayed in the suit.

3. The averments in the plaint are : the 1^st plaintiff is the insurance company, during the course of its business, it issued a marine policy covering the risk of the consignment booked under GR.No.66653 dated 18.10.1988; the said consignment was entrusted by M/s Laxmi Machine Works, Coimbatore for its safe carriage to Abohar, Punjab to the 2nd plaintiff Company; defendant accepted the consignment for safe delivery; goods consist of seven cases of ring frames, sections and spares, the said consignment was delivered in a damaged condition, therefore, the 2^nd plaintiff preferred a claim on the defendant and carrier by its letter dated 08.12.1988, for the value of the damaged goods; defendant issued a damage certificate to the 2^nd plaintiff on 14.12.1988, in spite of the notice, he failed to make payment to the 2^nd plaintiff; as the goods were insured, the 2^nd plaintiff preferred a claim with the

1