THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CITY CIVIL COURT APPEAL No.322 OF 2007 JUDGMENT: (Per Hon’ble Smt. Justice Tirumala Devi Eada)

This is an appeal filed by the appellants being aggrieved by the judgment and decree, dated 14.08.2006, passed in O.S.No.177 of 1999 by the learned I Additional Chief Judge, City Civil Court, Secunderabad (for short “the trial Court”).

2. The appellants herein are the plaintiffs and the respondent herein is the defendant before the trial Court and the parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the plaintiffs before the trial Court is that the plaintiff No.1 is National Insurance Company Ltd., which is into the business of General Insurance and plaintiff No.2 is engaged in the manufacture of bearings, which has obtained an insurance policy from plaintiff No.1 vide policy No.150301/012/D/44/00003/R/ 95-96. The defendant is a transportation agency. The said insurance policy is obtained to cover the risk of manufactured items of the plaintiff No.2 by road. The plaintiff No.2 has entrusted 135 packets con