MADAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) APPELLANT claimed to have purchased 18 bales weighing 11. 7 quintals of cotton hosiery yarn from Dawer Woolen Mills. Appellant claims to be the sole proprietor of M/s Allied Yarn Agency, Sadar Bazar, Delhi. Admittedly the goods in question were delivered to the railway authorities for carriage from Howrah to New Delhi vide RR (document not formally exhibited but at page 139 of the record of the Railway Claim Tribunal ). The consignor and consignee named in the RR is Allied Yarn Agency.

(3.) THE goods were admittedly misappropriated, in that, delivery thereof was never offered to the consignee. After issuing the necessary notice under Section 78b of the the Indian Railway Act 1890 and Section 80 of the Code of Civil Procedure and receiving no recompense for the value of the goods lost, appellant instituted a suit for recovery of the value of the consignment i. e. Rs. 1,36,884/- together with Rs. 570/- representing the packaging cost, rs. 2,420/- being the pre-suit interest and Rs. 126/- being miscellaneous expenses for issuing the notices etc.