M VEERABHADRA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) On 18-12-1967 consignment of certain agricultural machinery was booked at Fareedabad Railway Station to be delivered to the plaintiffs at Secunderabad. The goods reached Secunderabad Railway Station on 14-1-1968. The Plaintiffs approached the railway station on 22-5-1668. i.e., four months after the arrival of the goods. The railway authorities and the plaintiffs went to the storehouse. But they found the goods missing. The plaintiffs, therefore, filed the suit, O.S.No. 325 of 1971 in the Court of the Third Additional Judge, City Civil Court, Secunderabad, for recovery of Rs. 7,900- 11 Ps. giving the datails of the claim as follows:- <FRM>JUDGEMENT_327_APLJ2_1983Html1.htm</FRM>

(2.) The defendants-railway administration denied their liability. They contend that it is the duty of the plaintiffs to take delivery of the goods soon after their arrival at Secundarabad. When they failed to take delivery of the goods immediately after their arrival and when they approached the railway authorities four months after the arrival of the goods, they are not liable, if the goods are found missing. They therefore, contend that the claim of the plaintiffs is unsustainable as the loss was due to their own negligence. They also contend that the suit is barred by limitation.

(3.) The admitted facts are :- The first defendant railway received the goods on 18-12-1967. They reached the Secunderabad Railway Station on 14-1-1968 and they were unloaded there. The plaintiffs did not take delivery of the goods either on 14-1-1968 or immediately after that date. But they approached the railway authorities only on 22-5-1968. Then the plaintiffs were taken to storehouse but they found the goods missing. The plaintiffs find fault with the Railway Administration for the loss of the goods and make a claim of Rs. 7,900.11 Ps.