Dipak Kumar Sen, J. - (1.) The undisputed facts in this suit are that the defendant, The Shipping Corporation of India Ltd., at the material time owned a vessel named "THE STATE OF BOMBAY" (hereinafter referred to as the said Vessel). On the 18th November, 1968 between the hours 9-35 and 9-40 A. M. while the said vessel was hauling out from the King Georges'f Dock in the Port of Calcutta on the river Hooghly, she collided with three Buoys at the Kidderpore Dock Mooring and the Hastings Mooring. The vessel also fouled the moorings of No. 2, Hastings mooring outer flood Buoy. The said Buoy and the Moorings were the property of The Commissioners for the Port of Calcutta, the plaintiffs, in this suit.
(2.) The plaintiffs have instituted this suit claiming, inter alia, a decree for Rs. 20, 629 00; interim interest, interest on judgment; costs and other reliefs It is alleged in the plaint that as a result of the said collision the said Buoys were considerably damaged. It is alleged that the Kidderpore Docks Entrance Ebb Buoy broke adrift from its moorings and the moorings dropped to the river bed. The Outer flood Buoy of No. 2, Hastings Moorings broke adrift and the moorings were lost in the river. The 2nd inner flood Buoy of No. 2 Hastings Moorings also broke adrift. Considerable mooring materials were lost.
(3.) It is alleged that the said collision and/or accident was caused solely by the negligence of the defendants and/or its agents or servants. The particulars of such negligence are alleged as follows -;