JAMIT RAI AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) This Regular Second Appeal has been broughtagainst judgment dated 7/05/1976 of Additional District Judge by whichhe had allowed the appeal of the Union of India and had set aside the judgment and decree passed by Sub Judge dated 28/01/1975 and haddismissed the suit of the appellant seeking recovery of Rs. 2,817.92 paise.

(2.) Facts, in brief, are that a consignment comprising of 236 bagsof Bajra was booked from Rampur Phul Railway Station for Rohtak on 1/03/1967. The appellant is an endorsee in the railway receipt. It isthe case of the appellant that at the time when the delivery of the goodswas taken from the railways, 10 bags of Bajra were short delivered and itis only after two years that remaining 40 bags were offered for deliveryi.e. on 16/07/1969 and they were in badly damaged condition. Aftercalculating the value of the damaged goods, the plaintiff claimed the saidamount alongwith cost and interest.

(3.) The Trial Court had held the Union of India negligent in nottaking proper care of the goods during the period the goods remainedeither in custody of the railway or in custody of the police and thus, passedthe decree.