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2. This is a suit for recovery of Rs.1,42,46,127/- claimed from the defendant on account of the damages caused to the packages delivered to the defendant for transportation and consequential loss to the plaintiff.

3. Put briefly the facts are as under:

Plaintiff No.1 was awarded a contract by the Forest Survey of India, Dehradun (hereinafter referred to as the "FSOI"), a Government of India undertaking for supply of installation and erection. As many as 28 packages containing electronic, computer equipment upon arrival at New Delhi Air Port were cleared by them from the Customs after paying customs duty and stored at their godown at premises No. M-76, Greater Kailash-II, New Delhi. They had also brought 29 packages of indigenous equipment for Bombay for supply and transportation to FSOI and handed over to the defendant in its capacity as common carrier vide way Bill No. 1069508777 dated 17.1.1996 (Exhibit PW1/1). The Defendant undertook the consignment by road from Delhi to Dehradun and agreed to accept the consignment from the plaintiff, consignor for consideration and also undertook to carry the deliver the complete consignment safely and it original from without any exception at the office of FSOI. For the period of transportation the entire consignment was got insured by the plaintiff No.1 with Plaintiff No.2 under Marine Policy (Cargo) for a total sum of Rs. 3,83,00,000/- to cover risk. Prior to the commencement of the transportation, plaintiff No.2 deputed its surveyor Sh. Rajesh Kumar Met to conduct a pre-dispatch survey. The survey was conducted vide survey reports dated 25.12.1995, 1.1.1996 and 14.1.1996 to the effect that the consignments were in good, sound and original condition. All the equipments were loaded in four trucks owned and/or chartered and under power and control of the defendant at 11.oo p.m. on 17.1.1996. on 18.1.1996 the plaintiff No.1 was informed that there was a collision of one of the truck of the defendant bearing registration No. DL IL B 3104 with another truck bearing registration No. DDL 1715 coming from opposite direction. The truck in question was carrying six packages (hereinafter referred to as subject packages) of the consignment that contained imported goods supplied by M/s Intergraph Corporation USA. The collision took place as a result of unroadworthiness of the truck in question and due to fault, negligence and rash driving of the driver of the defendant company. As a result of the collision and improper stowage and lashing of the packages the truck lost its balance and overturned on its left side causing substantial damage to the subject packages and contents therein.

6. Summons of the suit were duly served upon the defendant as these were received by the Secretarial Executive of the Company. Since there was no appearance on behalf of the defendant it was proceeded ex parte and the plaintiff was called upon to file the affidavit in support of averments by way of evidence. All the above averments had been duly supported by the said affidavit.

7. Plaintiff has proved the following documents in support of the handing over of consignments to the defendant, transportation to Dehradun, its pre-dispatch survey and post-dispatch survey, its claim preferred with plaintiff no.2