RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties. The matter in issue is short.

(2.) Consignment booked by the appellant was delivered in a damaged condition. The finding that the railway authorities are responsible for what happened has attained finality. I may only note that the consignment was perishable food items and the wagon was delivered after 50 days of dispatch. In the interregnum the consignment was infested with insects.

(3.) On 16.6.1994 the railway authorities issued an assessment certificate assessing 10% loss to 98 bags and 15% loss to 70 bags. The appellant got the goods inspected and analysed from two independent merchants, namely, M/s Lahori Mal Sons and M/s Premier Cereals Ltd. The former assessed the damage between 60% to 65%. The latter assessed the damaged between 62% to 67%.