IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 RSA.No. 933 of 2008() --------------------- AS.53/2006 of PRINCIPAL SUB COURT,KOCHI OS.298/2005 of ADDL.MUNSIFF COURT,KOCHI .................... APPELLANT/DEFENDANT ----------------------------- MRS. LATHA ASHOKAN, ASWATHY, OPPOSITVE GOVERNMENT HIGH SCHOOL, AROOR - 688 534, ALAPPUZHA DISTRICT. BY ADV. SRI.PEARSON S.FERNANDEZ RESPONDENT(S): RESPONDENT ------------------------- M/S.CONSOLIDATED SHIPPING LINE (INDIA) LTD.,CORPORATE OFFICE C.C 41/4262 (E1), 3RD FLOOR, METRO PLAZA, MARKET ROAD, KOCHI-14, REPRESENTED BY ITS EXECUTIVE DIRECTOR, B. HARIHARAN. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * R.S.A.NO. 933 of 2008 * * * * * * * * * * * * * * * * * * Dated: 20-10-2008 JUDGMENT The defendant in O.S. No. 298 of 2005 on the file of the Munsiff's Court, Kochi, is the appellant in this Second Appeal. The said suit was one for damages. The courts below have concurrently granted a decree for a sum of Rs. 92,697.20 for damages with interest at the rate of 15% per annum from the date of suit namely, 25-06-2005 till the date of decree and thereafter at the rate of 6% per annum till realisation. 2. The facts which have been concurrently found by the courts below are the following:- The defendant was employed as Manager , C & F Operations by the plaintiff . Her duty was clearing and forwarding operations undertaken by the plaintiff. Pursuant to the omission to shift a container due to the negligence of of one Ronald Fernandez the defendant was directed to report regarding the fact as to whether any other container was so detained. The defendant gave report to the plaintiff that there is no such case or any other container being detained after de-stuffing. Thereupon, the defendant was relieved of her duties with effect from 17-12-2004. Consequent on the omission on the part of the defendant R.S.A. No. 933 of 2008 -:2:- and the return of the empty container, the Liner demanded a sum of Rs. 21,27,292/- on 25-01-2005. The plaintiff had given a sum of Rs. 84,351.20 as demurrages in two instalments. The above loss was caused to the plaintiff due to the negligence and breach of duty committed by the defendant. The defendant had failed to take all reasonable care and did not conduct proper enquiries before submitting a report which was blindly believed by the plaintiff the loss which was sustained by the plaintiff on account of the negligence and irresponsibility of the defendant. The original claim of Rs. 1,27,292/- was after negotiations reduced (mitigated) to Rs. 84,351.20 together with interest for a total of Rs. 92,697.20. 4. The above findings have been recorded after a careful evaluation of the oral and documentary evidence in the case and no question of law, much less, any substantial question of law arises for consideration in this Second Appeal. The questions of law formulated at page 5 of the memorandum of appeal do not arise for consideration in this Second Appeal which is accordingly dismissed in limine. Dated this the 20th October 2008. V. RAMKUMAR, (JUDGE) R.S.A. No. 933 of 2008 -:3:- ani.