GOKALCHAND SRI CHAND Vs. UNION OFINDIA

JUDGEMENT

(1.) THIS is an appeal by the unsuccessful plaintiff, arising out of the following facts:

(2.) THE plaintiff is a registered carrying on wholesale business in fruits at Meerut. This firm booked a number oi consignments on two different dates, name ly, 6-7-1961 and 17-7-1961, from Meerut to Bombay. These consignments reached their destination in damaged condition. Ac cording to the plaintiff, the damage was caused due to carelessness and negligence of the railway employees. The plaintiff filed the suit for the recovery of Rupees 3984.68 Paisa as damages, after serving notices under Section 77 of the Indian Railways Act and Section 80, C. P. C.

(3.) THE trial court decreed the suit lor the recovery of Rs. 3364.36 Paisa with proportionate costs, holding that the damage was due to the negligence of the railway employees. The defendant filed an appeal. The lower appellate court held that the packing of the mangoes was de fective and there was no negligence on the part of the Railway Administration in carry ing the consignments from Meerut to Bom bay. In this view of the matter, the ap peal was allowed and the suit was dismiss ed in its entirety.