( 1 ) THE appellant (Original defendant) has challenged the judgment and decree dated 30. 4. 79 passed in Special Civil Suit No. 7/1976 by the learned Civil Judge (SD) Bharuch, whereby the learned judge was pleased to pass the decree in the sum of Rs. 26,306/ together with running interest at the rate of 6% per annum from the date of the suit till the amount is realised from the defendant. The respondent no. 1 is the society registered under the Societies Registration Act, 1860, having its authority for the filing of the suit vested in the Secretaries mentioned in the cause title of the plaint. The respondent no. 2 is the nationalised Insurance Company limited registered under the Companies Act; through which the earstwhile Concord of India Insurance Company Limited now stands managed and merged by the statute, and, therefore, all the rights and the liabilities of the above Insurance company vests the respondent no. 2-Insurance Company. It was their case that the appellant is doing his business as common carier in the name and style of Shah Transport. On 12. 2. 1973, the respondent no. 1 despatched by land through the appellant from Palej 50 full pressed bales of Digvijay Cotton consigned to Messers Pandya Khadi Karalaya, Chalala. It was alleged that the respondent no. 1 who is the owner entrusted the above consignment to the appellant in good order and condition at Palej for carriage by road from Palej to Chalala with instructions to deliver the same in like good order and condition to the above consignor. They further alleged that the appellant issued consignment note or Lorry Receipt No. 232, dated 12. 2. 1973 acknowledging the receipt of the said consignment in good order and condition having undertaken to carry and transport the same by road from Palej to Chalala and to deliver the same to the above consignee. The respondent no. 1 being the owner of the said consignment, he has insured the above consignment with respondent no. 2. It was further the case of the respondents that the above consignment of the Fifty bales of cotton was being carried in truck no. GTG 1247, and at that time the above consignment caught fire in the transit near Dholka. On receipt of the information about the fire, the above Insurer arranged survey by their Surveyors Messers Kapadia Brothers, who surveyed the said consignment at Dholka on 16. 2. 1973 and they issued their survey report on 23. 2. 1973. The above consignment was badly burnt and/or damaged in fire and that the above damaged consignment was useless for the respondent no. 1 or the consignees and so the same was sold as Salvage. The respondent no. 1 refused to take salvage at the highest offer of Rs. 34000/. The value of the suit consignment was Rs. 60,936/ and that the value of salvage was of Rs. 34000/, and therefore, the respondents had to incurred expenses of Rs. 450/, the details of which are shown in the plaint. They further alleged that the so the respondents sustained loss of Rs. 27,386, the Insureds share of loss of due to under Insurance comes to Rs. 780/, and so net total loss comes to Rs. 26,606/. The respondent no. 1 served notice to the appellant to pay up the loss suffered by them. In substance, it is the case of the respondents that the appellant being common carrier by road for hire of goods from place to place by land in India for all persons and that the appellant accepted the above consignment for carriage and deliver as aforesaid and so he therefore, acted as common carrier and, since the appellant failed and neglected to deliver the above consigment at the destination station and that the respondents suffered the above loss and damage and therefore, the appellant is liable to make good the loss and damage sustained by the respondents. The appellant (orignal defendant) appeared in response to the summons served to him and filed written statement at Exh. 12 denying the claim of the respondents. It is the case of the appellant that he is making arrangmen