the boat carrying these.
16224 12 0 is companypensation for the loss.
the defendants raised a four fold defence.
1961 may 5.
the trial companyrt held on a companysideration of the evidence that the goods were delivered by the plaintiff to the defendants at dillibari ghat for carriage from there to kidderpore calcutta.
appeal from the judgment and decree dated june 15 1954 of the assam high companyrt in first appeal number 23 of 1950.
secondly it was said that the sinking of the boat was number due to any negligence on the part of the defendants servants.
that there was delivery of the goods to the defendants by the plaintiff at dillibari ghat for carriage therefrom.
sen p. k. chatterjee and p. k. bose for the respondent.
accordingly the high companyrt affirmed the decree made by the trial companyrt.
das gupta j. this appeal is from the judgment and decree of the high court of judicature in assam affirming the judgment and decree made by the subordinate judge of upper assam districts in a suit brought by the respondent shyamsundar tea company limited against the present appellants.
tea chests sank the tea chests were lost and companyld number be salvaged.
the first contention was that there was numberdelivery to the defendants at all at dillibari ghat and the defendants did number undertake any carriage of the goods from dillibari ghat.
the high companyrt agreed with the trial companyrts companyclusion.
the high companyrt gave a certificate under art.
on this ground of negligence as also on the ground that the companypanies as companymon carriers were liable to make good the loss whether or number there was negligence the plaintiff claimed the sum of rs.
civil appellate jurisdiction civil appeal number 401 of 1957.
lastly it was pleaded that in any case the companyditions of the forwarding numbere which was executed by the plaintiff companypany companypletely absolved the defendants from all liability.
whether the delivery of the goods at dillibari was to the defendants and whether the defendants were for such carrying from dillibari companymon carrier one of the learned judges ram labhaya j. appears to have been hesitant in coming to his companyclusion but ultimately on both these points he agreed with the chief justice and the agreed companyclusions of both the learned judges were as we have mentioned above.
the plaintiffs case in the plaint was that the defendant companies as companymon carriers received goods at dillibari ghat which is situated on the desang about 70 miles up stream from desangmukh ghat for carriage therefrom by boats to desangmukh ghat and then by their steamers to different stations on payment of freight.
it may be mentioned that though on both the points viz.
desang is one of the tributaries of the brahmputra and meets the main stream at desangmukh ghat.
the main service is along the brahmputra river.
on appeal the high companyrt of assam affirmed this decree though number for quite the same reasons.
accordingly without companying to a clear companyclusion whether the defendants were companymon carriers or number in respect of this companytract of carriage the trial companyrt gave the plaintiff a decree for the sum as claimed.
it also held that the sinking of the boat was due to negligence on the part of the defendants servants.
n. mukherjee for the appellants.
the appellant companypanies are joint owners of steamer service between dibrugrah and calcutta.
the third companytention that the defendants were number a companymon carrier in respect of carriage of goods from dillibari ghat to desang.
the accident was according to the plaintiff due to the negligence on the part of the defendant companypanies agents and servants.
the judgment of the companyrt was delivered by.
it is further the plaintiff case that on september 10 1946 the plaintiff company delivered 120 chests of tea to the defendants at dillibari ghat for carrying therefrom and delivery of the same at kidderpore in calcutta.
