K S E B Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by the plaintiff. Plaintiff filed the suit for compensation against Union of India represented by the Secretary, Ministry of Railways, New Delhi, Central Railway and Southern Railway for non delivery of certain goods entrusted to the railway for transportation. Plaintiff claimed a total amount of Rs.1,63,926.07. According to the plaintiff, the total value of the goods consigned and entrusted with the railway was Rs.1,02,496.77. Plaintiff added alongwith that amount, an amount of Rs.58,255.54 towards interest at the rate of 18% per annum for Rs.97,092.57 for the period from 5/1980 to 8/1983. Further, the plaintiff claimed an amount of Rs.2,837.21 as interest at the rate of 18% for Rs.5,404.20 for the period from 10/80 to 8/83. Plaintiff also added some incidental expenses like T.A. and D.A. for the plaintiffs employees, an amount of Rs.236.55 and notice charges Rs.100/-. Thus the plaintiff claimed a total amount of Rs.1,63,926.07.

(2.) Plaintiff prayed as 'A' relief, a direction to defendants 1 to 3 to deliver the goods consigned and as 'B' relief it claimed that if 'A' relief is found to be impossible of being granted, a decree for the total amount as specified above, viz., Rs.1,63,926.07. The defendants contended that the plaintiff is not entitled to the amount as claimed in the plaint and the conventional contentions were taken by the defendants. We are not giving the details of the contentions taken by the defendants in so far as this appeal only relates to a question of interest.

(3.) The court below, after assessing the evidence adduced in the case, decreed the suit for Rs.1,02,496.77 only with proportionate cost and interest from the date of decree till date of realisation at the rate of 6% per annum.