UNION OF INDIA Vs. MAHA DEO MILLS

JUDGEMENT

(1.) THIS second appeal is by the Railway Administration in a suit for recovery of Rs. 2360/-charged as excess freight at the destination station on a certain consignment.

(2.) THE trial court decreed the suit for Rs. 2137/- on account of excess charge and Rs. 33/- on account of cost of notice, total Rs. 2170/- on the finding that the classification of the pass, that had been made at the booking station was correct, and the freight determined to be payable in the Railway Receipt is also correct. On appeal by the Railway Administration the lower appellate court has confirmed the decree of the trial court on the finding that the Railway Administration was not entitled to charge freight at the enhanced rate claimed and charged by it at the destination station.

(3.) THE Railway Receipt shows that the goods were charged on the basis of the actual load and not wagon load bais. THE language of Rule 115 of the Goods Tariff Rules does not appear to authorise the Railway Administration to alter the basis of charge. For instance if the Railway accepts for transport a certain quantity of goods which is less than a wagon load and does actually carry it in a full wagon and the rest of the space goes empty, it cannot call upon the consignor or the consignee at the destination station to pay for the empty space as well. In this view of the matter also it appears to me that the Railway Administration was not entitled in the present case to recover anything over and above the amount determined to be payable in the Railway Receipt at the booking station for there is no dispute that the weight, the description of the goods and the rate applicable to the goods, and their classification, were all correct. THEre was no mistake of calculation either.