UNION OF INDIA Vs. K T RIZVI BROTHERS

JUDGEMENT

(1.) This revision application by the Union of India is directed against the decree for Rs. 528.70 passed against it.

(2.) The non-applicant-plaintiff, who was the consignee and the owner of the goods, i.e., 51 bundles of rope, booked from Nagarcoil on April 29, 1978, for delivery at Akola, received the goods on 15-7-1978. At the time of the delivery, a part of the goods in 15 bundles was found to be damaged, and the damage was assessed. According to the non-applicant, the loss and deterioration was due to the gross negligence and misconduct of the Railway Administration and their servants. A notice under S.80 of the Civil P.C. was sent on 31-12-1978 to the applicant. As no amends were made, the suit came to be instituted. One of the contentions of the applicant was that notice under S.78-B of the Railways Act, 1890, had not been served on it within six months, as required, and the claim was not maintainable.

(3.) The learned trial Judge took the view that as the delivery was effected on 15-7-1978 and the notice was sent on 31-12-1978, the claim was made within time, as required under S.78B of the Railways Act. He, therefore, decreed the claim for Rs. 528.70.