UNION OF INDIA Vs. GANGARAM MOOLCHAND

JUDGEMENT

(1.) Respondent booked 2 parcels of mangoes on 31.5.67 from Kazipet to Delhi. These arrived on 7.6.67 and suffered 15% damages. Respondent alleging misconduct and negligence sued for damages and also applied under O 1l R. 14 asking Railway to produce record about transit of the parcels. Railway declined to give information saying that it would give its evidence. Plaintiff gave a list of instances in which transit took 4, 5 days. Trial Court on its basis and on the basis of para 116 of Loading Manual decreed the suit. Railway questioned the decree in High Court-Judgement para 5 onwards is :-

(2.) The respondent filed a list of instances showing that the normal period of transit from Kazipet to New Delhi was 4 to 5 days. The petitioner filed another list showing the period of 7 to 8 days. The Petitioner Railway did not file the whole list of instances from which a legitimate inference could be drawn and have only given instances of the maximum time taken during that period. They also did not dispute the correctness of the instances given by the respondent plaintiff in the documents, Ex. P-l. I am in agreement with the Court below and inclined to accept the version of the respondent-plaintiff that the normal time taken in transit is 4 or 5 days.

(3.) The Court below quoted a rule on the subject. I asked the counsels for the parties to produce the rule. The rule is contained in Northern Railway Parcel Loading Manual, 1961. This has been issued for the guidance of Railway officials. The preliminary paragraph 101 of the Rule states that the dealing with all kind of coaching traffic, have been laid down in the Coaching Tariff No. 17 and must be adhered to while the general principles to be followed by the railway staff, for the booking and clearance of parcels and luggage, however, are detailed paragraph 116 of this Manual. It reads :-