Anil Kumar Sen, J. - (1.) This appeal from the original decree is at the instance of the defendant and is directed against the judgement and decree dated June 20, 1976, passed by the learned Judge, 7th Bench, City Civil Court at Calcutta in Money Suit No. 349 of 1971. This appeal raises a short but an important question of law as to interpretation of Section 10 of the Carriers Act (Act III of 1865) (hereinafter referred to as the said Act).
(2.) The defendant/appellant is a common carrier. On June 26, 1969, they were entrusted with carriage of 132 chests of tea from Siliguri to Calcutta by plaintiff/respondent No. 2 New Chumta Tea Company Limited. The said chests were to be delivered to the agent of the said respondent. The appellant delivered the chests on July 2, 1969, to the agent of the said respondent but they were so delivered in a damaged condition. 4 chests were delivered empty, 44 chests were delivered in water-stained condition and 5 chests were delivered in broken condition resulting in loss of 67 Kgs. of tea. The damage was assessed by J. Thomas & Co., at Rs. 5,761.64 and the assessment report was received by the plaintiff on August 16, 1969. A notice under Section 10 of the said Act was served upon the appellant on January 31, 1970, and the suit out of which the appeal arises was instituted on July 16, 1971, for recovery of the aforesaid sum of Rs. 5, 761.64 by way of compensation.
(3.) The plaintiff/respondent No. 1 was the insurer whose business was subsequently taken over by plaintiff/respondent No. 3. They joined the consignor in the suit for recovery of the aforesaid amount as compensation.;