ABDUL SHAKOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment and decree dated 04.08.1978 passed by the District Judge,Allahabad in Civil Appeal No. 170 of 1978, whereby the decree of the Additional Civil Judge, Allahabad in Original Suit No. 228 of 1974 was affirmed.

(2.) The Original Suit No. 228 of 1974 was instituted for compensation to the tune of Rs. 8458/- with costs, interest pendente lite and future. The plaintiff's case was that a consignment of 315 baskets of green mangoes was dispatched from Malda to Allahabad, under Parcel Way bill No. 14277, on 26.06.1972. It was claimed that railway administration in normal course ought to have taken 3 or 4 days to deliver the consignment, but owing to the misconduct and negligence on the part of the railway administration and its agents or servants, delivery was made on 06.07.1972, as a consequence of the delay, the mangoes got deteriorated, rotten and unfit for use to the extent indicated in the plaint.

(3.) The defendant contested the suit by claiming that the consignment was booked at 'Owner's Risk Rate' and, as such, the railway administration is absolved from all liabilities and responsibilities for loss, deterioration or damages except upon the proof of negligence or mis-conduct on its part or its servants or agents. It was also claimed that the Railways do not guarantee for dispatch of particular articles or animals by particular train or the delivery with indefinite time or period. It was also claimed that the consignment reached destination within reasonable time and that there was no negligence or misconduct on the part of the railway administration or their agents.