SHANTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a plaintiff's appeal directed against the judgment and decree dated 31-7-1974 of Sri R.C. Chaturvedi, learned Judge Small Causes Court (Addl. Civil Judge), Aligarh who allowed Civil appeal No. 490 of 1974 and reversed the judgment and decree recorded by Sri V.K. Aggarwal, Munsif, Koil, Aligarh dated 24-11-1973 in Original suit No. 417 of 1970 by which plaintiff's claim was decreed for Rs. 3,088/- with pendente lite and future interest at Rs. 5/- per cent per annum.

(2.) PLAINTIFF is sole proprietor of Firm Roop Ram Moti Lal, South Tiara Colliery Ltd. Aligarh. He got heard coke booked from Pathardihi station for delivery at Aligarh. He was consignee and obtained R/R No. 571840 dated 29-6-1968 weighing 24.3 tonnes invoice No. 28. The wagon was well covered and rivetted and sealed. When in reached the destination station original seals and rivets were missing.

(3.) HE served notices under Section 78-B of Railways Act and Section 80 C.P.C. on defendant in vain. On account of this loss sustained by him due to negligence and mis-conduct of Railway employees damages to the aforesaid extent were claimed and awarded as given above but the judgment of trial court was reversed in appeal. Learned trial court recorded the findings in favour of plaintiff on all the issues drawn by him. Learned appellate Court simply reversed the judgment on the plaint that plaintiff was unjust in his stand to have goods reweighed before delivery and thus the suit was dismissed but parties were ordered to bear their own costs.