KISAN BILAS BADRINARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) An interesting point as to the construction of section 77-B of the Indian Railways Act ("The Act" for short) is involved in this appeal by the original plaintiff-a bullion merchant from Warora in Chanda district.

(2.) The facts so far as relevant to the controversy may be put in nutshell thus. On 13th January, 1971, the plaintiff entrusted a sealed and packed parcel containing old silver ornaments purporting to be of the value of Rs. 15,000/- at Warora Station to the employee incharge of the Central Railway for being carried and transported to Bombay. The consignee was another bullion merchant at Bombay who was to pay the freight at the time of delivery. Forwarding note declared the contents of the parcels and the value thereof as being Rs 10,000/-. Normal period of delivery was 3 to 4 days. It never reached the destination and after a period of merely one week, the plaintiff was informed that the parcel was missing from the Cloak room of the Wardha Railway Station on its way to Bombay. The plaintiff gave notice of claim as contemplated under section 78-B of the Act followed by a notice as required under section 80 of the Civil Procedure Code. There was no compliance and hence, the present action was filed claiming Rs. 15,000/- as the price of silver ornaments, Rs. 2850/- by way of difference in the market price and some miscellaneous charges, total claim being of Rs. 18,140/-. According to the plaintiff, this loss was caused due to negligence and misconduct of the Railway Administration which was, therefore, liable to compensate the plaintiff.

(3.) The defendant-Railway Administration-accepted the fact of delivery of one sealed tin box covered with gunny and cloth which was said to contain old silver ornaments at Warora Station for carriage to Byculla Railway Station in Bombay. As per further defence the weight of the package was 31 Kgs. and the price of the package was declared by the plaintiff only at Rs. 10,000/-. As per the consigners instructions given in writing, on the original forwarding note, the parcel was offered for booking under the remark "not insured". Railway Administration did not know the contents. However, the parcel was accepted by the railway staff as per consigners instructions. Parcel weigh bill containing the necessary remarks in the forwarding note was given to the plaintiffs station dalal. "Silver" falls within the category of articles of special value mentioned in Second Schedule of the Act for which special provision in the shape of section 77-B has been made. There are certain mandatory requirements for making the administration liable in respect of liability for loss etc. of such articles. They were not complied with and consequently Railway Administration was absolved from all the liabilities in respect of the said parcel. The parcel was not lost on account of any negligence or misconduct on the part of the railway staff.