GUDUR KRISHNA REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff who is the appellant here, instituted a suit for compensation for non-delivery of 154 baskets of betel leaves which he had consigned from Nellore a few to be delivered at Manmad and others at Nagpur. It is alleged inter alia that items 1 to 9 consisted of 277 baskets out of which 201 baskets were delivered to the consignee at the destination but 76 baskets were not delivered at all. Similarly items 10 to 13 which consisted of 78 baskets were sought to be delivered to the consignee in a damaged condition but he refused to receive. In normal course these baskets ought to have been delivered within three days from the date of the consignment but attempt was made to deliver after the lapse of six days, which had resulted in perishing of the betel leaves. On this basis the plaintiff claimed damages in all for 154 baskets at a certain rate.

(2.) One of the defences was that the consignor has no locus standi to institute the suit. It was also pleaded that as the consignment was booked at the reduced rates. i. e. owners risk rate, the plaintiff must prove that the Railway or its employee was guilty of negligence which resulted in loss to the plaintiff.

(3.) The trail Court after recording the evidence dismissed the plaintiffs suit on the plea that the plaintiff who was merely a consignor could not have instituted the suit for damages, as he had sent the railway receipt in the name of the consignee. The trail court found that 76 baskets in reference of items 1 to 9 were not delivered and further found that the rate at which the plaintiff had claimed the damages is the adequate compensation which can be given in the case. It was however found that the plaintiff has failed to prove the negligence in respect of 78 baskets which reached the destination in a damaged condition.