UNION OF INDIA Vs. B. BASAVAYYA

JUDGEMENT

(1.) These three revision petitions are filed by the defendant against whom the District Munsif Vijayavada, has decreed three suits for compensation for non-delivery of the property.

(2.) The necessary facts for the disposal of these revision petitions are that in all the three suits the plaintiffs stated to have sent a definite number of bags of dry chillies from Ithwari to Kondapalli. All these bags were consigned in one wagon, and as the entire consignment was not delivered to the plaintiffs, they obtained open delivery on 13th May, 1955. It was found that some bags were not delivered, while others were delivered in damaged condition. On the date when such open delivery was given both the parties assessed damages and signed a joint memo. The plaintiffs therefore filed these three suits for compensation of the property which was not delivered to them.

(3.) The defence of the Central Railway in all these three cases is that the wagon in which these bags containing chillies were being transmitted on owners' risk caught fire at an intermediate station, Mazri on 25th March 1955. They denied the allegations that the goods were loaded in a defective wagon and that there was any negligence on the part of any railway employee. The Railways therefore denied the liability to pay any compensation for non-delivery.