L NATHU LAL Vs. DOMINION OF INDIA

JUDGEMENT

(1.) This is a plaintiffs appeal whose suit against the Dominion of India now the Union of India for recovery of damages has been dismissed by the learned Additional Civil Judge, Kanpur.

(2.) The plaintiff carried on trade and business in the sale and purchase of potatoes in Farrukhabad. On 31st March 1947 the plaintiff booked 170 bags of potatoes containing two maunds and five seers of potatoes in each bag from Kanpur to be transported to Wadi Bandar, Bombay on G. I. P. Railway (now the Central Railway). The plaintiff paid freight on the reduced rate and executed risk notes in Forms A and B in accordance with the requirements of the Indian Railways Act. The potatoes were loaded in a wagon No. 6779 at Kanpur railway station for direct despatch to Bombay and the wagon started from Kanpur without any delay. It reached Jhansi on 2-4-1947 and left that place the same day reaching Bhusawal on 6-4-1947. It appears that on reaching Bhusawal the aforesaid wagon was declared sick and after due repairs left Bhusawal on 12-4-1947 arriving at Wadi Bandar, Bombay on 15-4-1947. The potatoes were available for delivery on that dare but there arose some dispute between the railway authorities and the consignee who refused to accept delivery and claimed delivery on assessment. The railway authorities then got the necessary assessment made and the potatoes were removed by the consignee on 19-4-1947. According to the plaintiff who was himself the consignee the potatoes delivered at Bombay had been damaged and they were sold at a reduced price in the Bombay market. The plaintiff claimed that on account of the misconduct on the part of the railway caused by delay in transit the potatoes got damaged and he suffered a loss.

(3.) A second consignment of 181 bags of potatoes containing two maunds and five seers of potatoes in each bag was got booked by the plaintiff at Kanpur on 11-4-47 after executing risk notes in Forms A and B as required by the Indian Railways Act on payment of a reduced rate for being transported to Wadi Bandar, Bombay. The said consignment was loaded in a direct wagon No. 18218 on the G. I. P. Railway (now the Central Railway) and had left Kanpur without any delay. The aforesaid wagon reached Jhansi on 13-4-47 at 14 hours and made onward-despatch the same day and arrived at Bhusawal on 20-4-47 at 16.30 hours. It left Bhusawal at 21.30 hours on 21-4-47 and arrived at Wadi Bandar, Bombay on 25-4-47 and the delivery was taken by the consignee after assessment on 26-4-47. The plaintiff's case was that due to misconduct on the part of the railway authorities caused by delay in transit the potatoes got damaged and they fetched low price in the market and thus he suffered a loss.