THE UNION OF INDIA (UOI) OWING THE RAILWAYS IN INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, AND ORS. Vs. C.A. AKHTHAR AND CO. REPRESENTED BY ITS PARTNERS

JUDGEMENT

(1.) THIS appeal arises out of a suit for damages in respect of certain bundles of dry salted cow hides transported through the railways. The plaintiff's are the consignees of 210 bundles of dry salted cow hides, the same having been consigned from Shillong, in the State of Assam. The said 210 bundles were consigned on 6th April, 1962. 105 bundles had been loaded in one wagon and another 105 bundles were loaded in a second wagon. One wagon reached Salt Cotaurs at Madras, the place of destination, on 9th June, 1962 and the other reached only on 20th June, 1962. The consignees demanded open delivery and it was given.

(2.) THE railway administration contended that the deterioration was dub to inherent vice of the goods and not due to any negligence or misconduct on its part and that therefore the plaintiff should be non -suited.

(3.) ON the question of fact whether there has been delay on the part of the railway administration in the transport of the goods, I think the view of the trial Court is right. It has been alleged in the plaint that the normal time for transport of the goods from Shillong to Salt Cotaurs, Madras, is about two week. This is denied by the railway administration. There is no evidence on either side as to the normal time to be taken for transport of goods from Shillong to Madras. Even so it cannot be seriously disputed that there has been delay. The goods had been accepted by the railway administration for transport on 6th April, 1962. Part of the same had reached Salt Cotaurs only on 9th June, 1962. This is roughly two months after the booking. The remaining part reached Salt Cotaurs only about 2 months after the date at booking. It may be noted here that Shillong lias no railway station. The nearest railway station is at Gauhati said to be about 63 miles from Shillong. An out agency run,, by the State Transport Department is doing the work of the Railway between 'Shillong and Gauhati. Though the packing of the goods and issue of the railway receipt was on 6th April, 1962, it is stated that according to practice, the goods were allowed to be in the custody of the consignor himself and that the goods were actually loaded in the trucks of the State Transport Department only on 6th May, 1962, i.e. one month after the date of booking. Exhibits B -2 to B -4 which are certain slips sent by the State Transport Department to the consignor show that on three occasions, i.e., on 6th April, 1962, 13th April, 1962 and 19th April, 1962 the trucks of the State Transport Department were taken to the warehouse of the consignor for being loaded, but they had to return without being so loaded, due to rains. They were actually loaded only on the fourth occasion when the trucks went to the warehouse of the consignor on 6th May, 1962. Then the goods were taken to Gauhati and transported from Gauhati to Salt Cotaurs in two wagons.