UNION OF INDIA Vs. OUDH SUGAR MILLS

JUDGEMENT

(1.) ON 21-12-1956 a consignment of 60 barrels of til oil was despatched from Belonganj station near Agra to the plaintiff at Akola who had purchased the oil from the Arjun Oil Mills, Agra. The consignment was booked under railway receipt No. 9774/56 dated 21-12-56, at Ex. D-3. The consignment was "to self but the consignor, the Arjun Oil Mills, 'endorsed the receipt in favour of the plaintiff. The consignment was at "owner's risk" rates and on the receipt was the following endorsement: "loaded by sender and unloaded by sender. Drums old and dented". The consignment travelled via Jhansi and Itarsi to Akola to which destination it was booked. It was received at Akola on 30-12-56 and when delivery was taken on behalf of the plaintiff, about three barrels were found to have been leaking and therefore open delivery was asked for. Upon weighment it was found that there was a shortage of 6 maunds and 24 seers in weight in the consignment. The plaintiff, after giving a notice, therefore, sued the applicant railway for damages which he estimated at Rs. 509/4/0 being the value by which the goods had fallen short.

(2.) IN answer to the suit, it was the case of the defendant railway that the goods were inherently defective in so far as the drums in which the oil was contained were old and dented and that the leakage must have been due to the defect in the drums, that when the wagon was opened at Akola, its seals were intact, and that therefore there was no possibility of the goods having been handled or tampered with in transit. The railway attributed the loss to the defect in the barrels. They denied that there was any rash shunting at any time during the transit of the goods. They alleged further that there were no protective rings round the drums to protect them while being rolled along and the oil might have leaked out due to normal jerks in transit. For these reasons the railway could not be held responsible.

(3.) THE Small Cause Judge who tried the suit held that the loss had been established and that when the goods were consigned at Belonganj the barrels were not leaking. Thus, according to the trial Judge, the evidence showed that the goods were intact when they were delivered and that was also proved at the time of taking delivery at Akola. Yet the goods were found short. Therefore, he came to the following finding: