UNION OF INDIA Vs. GOPAL DASS RAMESH CHAND

JUDGEMENT

(1.) This revision petition has been filed by the Union of India under section 25 of the Provincial Small Cause Courts Act, against the judgment and decree of the Additional Judge, Small Causes, dated 14th November, 1972, by which it has decreed the suit of the respondent for recovery of Rs. 359.38 out of a claim for Rs. 406.25.

(2.) The material facts of the case are that 125 baskets of raw and fresh mangoes were booked on 30th May, 1967 from Vijayawada to New Delhi under the Parcel Way Bill (Ex. PI). They arrived in Delhi on 7th June, 1967 and when they were delivered to the respondent, they were found to be damaged. The respondent took open delivery with a certificate that 25 per cent was the extent of damage. The respondent, after service of statutory notice, filed a suit for recovery of the amount mentioned above on the ground that the Railway, owned by the petitioner, had been guilty of misconduct and negligence in carrying the parcel and was, therefore, liable to pay the damages. The suit was contested on various grounds. The court below repelled all the grounds of defence and decreed the suit to the extent of Rs. 359.38, holding that the market value of the mangoes was Rs. 11.50 per basket and the total value of the goods at the said rate would be Rs. 1437.50 and its 25 per cent would be Rs. 359.38. The suit was decreed with proportionate costs.

(3.) Mr. H. S. Dhir, counsel for the petitioner, has raised three contentions, namely : (1) that the respondent had no locus standi to institute the suit, (2) the finding of the court on the negligence of the Railway is not supported by any evidence, and (3) there was no sufficient reliable evidence to find the market value of the goods and thereby determine the loss.