UNION OF INDIA Vs. MOHAN BEHARI JASOD KUMARI

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 3rd May, 1980 passed by the learned Additional District Judge in civil suit no. 117/1979 entitled Mohan Behari Jasod Kumari Versus Union of India and M/s Oswal Stores by the Union of India, defendant no. 1 in the suit.

(2.) M/s Mohan Behari Jasod Kumari, plaintiff, arrayed as respondent no. 1 herein, had brought the civil suit no. 117/1979 on the plea that it lodged two consignments with the Railway Administration at New Delhi for carriage and delivery to itself at Aluabari Road. These two consignments were duly accepted and booked at one rate which was the railway risk rate prescribed by the Railways for the booking of such consignments. It was contended that these suit consignments were clubbed with other two consignments which had been booked on 11th September, 1977. All four consignments were in perfectly sound condition at the forwarding station and were loaded and packed as per the railway rules. It was also contended that sufficient grass and husk dunnage were provided by M/s. Mohan Behari Jasod Kumari and that the containers in which the packing was done were brand new. The plaintiff further contended that the requisite conditions of P3 were fully complied with in all the four consignments.

(3.) On the averment that consignments of oil were prohibited from loose/hump and rough shunting and alleging gross negligence and misconduct on the part of the Railway Administration/its servants, it was stated by the plaintiff that the consignments were handled roughly enroute. As a result the tins burst. There was also pitching and denting of the tins and heavy leakage of the oil. Layers were badly disturbed and signs of oil leakage were appearing on the roof of the wagon. The suit consignments were received at the destination station in a badly leaking condition.