KHEDUT OIL CAKE INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) M/s. Khedut Oil Cake Industries, Plaintiff No. 1, andM/s. Khedul Oil Traders, plaintiff No. 2, are partnership firms stated to beregistered under the Indian Partnership Act. On 21/06/1969 plaintiffNo, 1 tendered 281 .20 quintals of refined Ground Nut Oil to the WesternRailways at Dhoraji Factory Siding for despatch to Delhi Sarai Rohilla viaMSH-RE. The said oil was loaded in tank Wagon No. BVOIL-NE-46865and was booked by the officials of the Western Railway ex Dhoraji FactorySiding to Delhi Sarai Rohilla vide railway receipt No. 289352, invoice No. 46dated June 21,1969. The consignee was self. Receipt was however endorsedwith the endorsement "Please deliver to M/s Khedut Oil Traders" i.e. infavour or plaintiff No. 2.

(2.) The said Wagon was part of 806 DN Phulera-Rewari Diesel goodstrain which derailed at the Jhilo-Dabla Section. The Wagon in question wasone of the wagons which was also derailed. On 19/10/1969 refinedground nut oil weighing 64 quintals as per weight taken at railway weighbridge, was delivered to the plaintiffs. A further delivery of 20.90 quintalsof oil, stated to be in badly damaged condition mixed with foreign matters,was made subsequently.

(3.) The plaintiffs made enquiries about the delivery of the goods inquestion and each time they were informed that the consigment was notreceived and was not available for delivery. On 5/07/1969 and endorsentto that effect was made on the railway receipt. The plaintiffs, however, cameto know of the derailment on Ju 5/07/1969. On the next day a representativeof plaintiff No. 2 went to the place of accident and allegedly discovered that aset of 4 wheels of the tank wagon, is which the goods in question were loaded,was lying on one side of the railway line while the other set of the 4 wheelwas lying on the other side of the railway track. It appeared that the tankwagon at the time of accident was lying on the railway line crosswise butwas subsequently placed near the railway track in a position that the top sideof the tank wagon was lying on the sloping space with downward level.