JUGAL KISHOR PANNALAL DARAK Vs. UNION OF INDIA

JUDGEMENT

(1.) JUGALKISHOR Darak, a trader of Rahuri in Ahmsdnagar district travelled on 20th May, 1975 from Bombay to Rahuri by Bombay-Pune-Manmad Passenger. As the Railways do not allow heavy parcels of luggage in the passenger compartments, Darak had to load some bales in brake van for which he obtained a luggage ticket bearing No. 904141. Jungalkishor arrived at Rahuri, the brake van was opened and while taking delivery of one of the bales, he found that it was in a tampered condition. He asked for an open delivery which having been given cloth weighing 33 Kgs. was found missing when compared with the bijak. Jugalkishor filed Regular Civil Suit No. 601 of 1975 in the Court of Civil Judge, Junior division, Ahmednagar for price of goods short-delivered but the railway administration disclaimed liability to pay compensation as the plaintiff has failed to comply with provisions of Section 77-B of the Indian Railways act ("the Act" ). The trial Judge negatived the defence and decreed the suit which judgment was set aside by the first Appellate Court giving rise to the present appeal.

(2.) SECTION 77-B of the Act reads :

(3.) AT the outset, we can clear the decks for inquiry into the main issue by disposing of a peripheral question of fact. There was some controversy as to whether the missing cloth was of the description falling in the above entry but the Appeal Court after scrutinizing the entries in the Bijak concluded that it was so as the Bijak shows that the rate of cloth was ranging between Rs. 62 and Rs. 82 per meter. I find that this finding of facts does not deserve to be disturbed.