UNION OF INDIA Vs. SINGH FRUIT COMPANY

JUDGEMENT

(1.) This revision has been directed against the judgment dated 19.2.1968 of Judge, Small Cause Court, Delhi, whereby he decreed the respondent's suit for Rs. 641.45, as damages caused to two consignments of raw and fresh mangoes, with proportionate costs against the petitioner.

(2.) The goods were booked on 4.6.1964 by respondent from Vijayawada station of the South Central Railway for carriage by rail to New Delhi Railway Station, he himself being the consignee as well. The goods were actually delivered at New Delhi on June 13, 1964 in damaged condition, the damage being assessed at 31%, According to the respondent, the damage occurred due to the negligence and misconduct on the part of the petitioner Railway Administration and its servants. The total amount claimed by the respondent was Rs. 982.08. The petitioner controverted the respondent's allegations.

(3.) The learned Judge, Small Cause Court held the petitioner liable on the ground that ths goods were delivered late by two days and the petitioner had failed to adduce evidence to show as to how the consignment was handled during the transit. As the damage had been assessed to the extent of 31% and the goods had b;en sold on June 13, 1964 for Rs. 1.428 00, the actual damages were worked out at Rs. 611.45, for which amount the decree with proportionate costs was passed.