Carrier liability for short delivery fails when consignee's own admission shows loss occurred after discharge from theft or pilferage.

The carrier was not liable for alleged short delivery where the bill of lading weight reflected the consignor's declaration and not proof of the actual cargo loaded on board. The consignee's own letter to the insurer indicated that the full cargo had been delivered and that the shortage arose later from theft or pilferage while the goods were in port trust premises after discharge. On that footing, the loss was attributable to events after delivery by the carrier, and the absence of a customs manifest did not justify an adverse inference against the carrier. The suit claim therefore failed on the core liability issue.

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Issues: Whether the appellant was liable to make good the loss claimed on account of short delivery of goods.

Analysis: The consignment was described in the bill of lading with an indicated weight, but the Court found that the weight mentioned therein was based on the consignor's declaration and was not proof of actual weight loaded on board. The first respondent's own letter to the insurer ed that the carrier had delivered the full cargo and that the shortage occurred because of theft or pilferage while the goods were lying in the port trust premises after discharge. In that situation, the loss was attributable to events after delivery by the carrier, and the appellant could not be fastened with liability. The Court also held that the absence of the customs manifest did not justify an adverse inference against the appellant in the circumstances.

Conclusion: The appellant was not liable for the claimed short delivery loss, and the suit claim against the appellant failed.

Final Conclusion: The decree against the appellant was unsustainable and was set aside, resulting in success for the appellant on the core liability issue.

Ratio Decidendi: Where the consignee's own admission shows that the carrier discharged the cargo and the shortage arose after discharge due to theft or pilferage at the port premises, the carrier is not liable for the loss absent proof of actual short delivery by the carrier.

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