Law:

Section:

This suit has been filed by the plaintiffs for recovery of R.92,765.43.

Briefly the facts are that Messrs Farooq. Silk Mills had imported a consignment of 11,070 Kgs. of nylon yarn, Export Quality, packed in 650 cartons, hereinafter referred to as the consignment, from the United Kingdom per vessel s.s. STRATHINCH deliverable at Karachi. The defendants Nos.1 and 2 are the owners/charterers of the said vessel and their local agents in Pakistan respectively. The said consignment was delivered to defendant No.1 in good order and condition at the Port of Middlesbrough and the defendant No.1 after satisfying themselves about the quality and quantity of the consignment issued Bill of Lading. The said consignment was insured with the present plaintiffs under Marine Policy No. RB/KM/3564/9/76 in the sum of Rs.4,50,000. The consignee appointed M/s. Rizco as their clearing agents. The vessel arrived at the outer anchor of Karachi Port on or about 17-8-1976 and unloaded her cargo including consignment in suit into barges hired/employed by defendants Nos.1 and 2 including Barge No.571. It is also the case of the plaintiffs that 221 cartons out of the consignment in suit were unloaded in Barge No.571 which on her way to the landing berth caught fire on 20-8-1976 on account of being un-sea worthy and due to negligence/want of due and proper care/mis-conduct of the crew for which the defendants are liable jointly and severally. During attempt to extinguish the said fire and water used therefor, the said 221 cartons of the consignment were damaged and thus the consignee suffered heavy losses and on knowledge of' such loss, they immediately informed defendant No.2 and the plaintiffs and requested for survey and assessment of loss. The plaintiffs appointed their surveyor while the defendants also appointed their surveyor and the survey of the damaged cotton was carried out and it was found that 105 cartons had become a total loss and out of remaining 116  cartons 533  cones were damaged to the extent of 62.22% and 371 cones were damaged to the extent of 44.44% while 488 cones to the extent of 22.22%. Also of said damage, the consignee suffered loss of Rs.1,02,277.27 as assessed by the surveyors and lodged the claim with defendant No.2 and also on the plaintiffs. Defendant No.2 failed to pay the claim which the plaintiffs settled in discharge of their contract/obligation by paying Rs.92,765.43 and obtained sugrogation to all rights and remedies of consigence. The plaintiffs, therefore, lodged the claim on defendant which they failed to pay in spite of demands and legal notice and, therefore, this suit was filed by the plaintiffs.