DIP CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-plaintiff against the judgment and decree passed by the First Additional District Judge, Mandsaur in Civil Suit No. 1-B/ 1977 dated 14.8.1978 hereby the learned Trial Court while decreeing the suit to the extent of cost price of the goods despatched to the consignee plaintiff but not delivered to him, has disallowed the claim for damages and interest.

(2.) THE facts giving rise to this appeal, briefly Stated, are as follows: A consignment of 483 bags of cement as despatched from Jhukehi Rail ay Station (Kymure siding) on 29th March, 1976 to Mandsaur in the name of the plaintiff's firm. The said consignment as expected to reach destination within a fortnight but the consignment as never delivered to the consignee. The defendant Railways Administrationent on corresponding it the plaintiff for considering the plaintiff's claim on account of non-delivery of the consignment, but did not allow the claim of the plaintiff and as such, the plaintiff filed the instant suit claiming Rs. 11, 559.08. After trial of the suit, the learned Trial Court has a warded only Rs. 6, 996.08 inch includes Rs. 6, 976.58 as cost price of the lost consignment of cement bags and Rs. 19.50 as notice charges. The learned Trial Court, ho ever, dismissed the plaintiff s claim for damages and interest. The appellant - plaintiff, therefore, has filed this appeal.

(3.) IN connection with the claim of interest learned Counsel for the appellant has submitted that the defendant is able to pay interest at the rate higher than 6% per annum as per proviso to Section 34 since the defendant's liability in relation to the sum of Rs. 6, 976.58 adjudged as the cost price of the lost goods had arisen out of a commercial transaction. It has been submitted that the consignment of goods in question as expected to be delivered by the Rail ay Administration to the plaintiff at Mandsaur about a fortnight after its booking at Kymore on 29.3.76 but it as never delivered and, therefore, the interest shall be payable from the expected date of delivery till payment of the principal amount i,e, the cost price of the goods. It has been submitted that the interest should be a warded for the period commencing from the date hen the consignment of goods in question as expected to be delivered at Mandaur i.e. The mid April, 1976 to the date of payment of the principal sum of Rs. 6, 976.58 in execution of the decree under appeal.