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2014 (9) TMI 399 - HC - Indian LawsLoss caused due to the short delivery of the goods - suit for recovery from the appellant/first defendant and the second respondent/second defendant - Whether the appellant is liable to make good the loss caused due to the short delivery of goods, as alleged by the first respondent? - Held that:- having regard to the admission made by the first respondent, that the carrier delivered the cargo, entrusted with it, and the shortage of goods occurred, due to theft or pilferage, when the goods were lying in the Madras Port Trust, the appellant cannot be held responsible for the shortage of goods. Hence, the point for consideration is answered in favour of the appellant. The first respondent failed to prove the exact quantity of the cargo sent by the consignor, or, in other words, the correct weight of the cargo sent by the consignor, and having admitted that the entire cargo was discharged and the loss was due to the theft or pilferage at the Madras Port Trust, after the cargo was discharged the appellant cannot be made liable for the loss caused to the first respondent. - Decided in favor of appellant.
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