LAXMICHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the lower Court's decree by which his claim for damages for deterioration and short delivery of the goods consigned for transport by rail was dismissed.

(2.) THE facts of the case no longer disputed may be briefly stated. On 6 June 1957, one Nanailal Brindaban of Bhopal booked under railway receipt No. G2047/29, invoice No.1, a consignment of 220 bags of wheat at Bairagarh to be delivered to himself after being transported by rail to Mandla Fort via Jabalpur. The bags were new and the consignment, which at the request of the consignor was loaded in an open wagon, was covered by a tarpaulin fastened to the wagon by means of ropes. The consignment was carried to the destination via Nagpur, Gondia and Nainpur and. was delivered to the plaintiff, who produced the railway receipt, on 10 July 1957. At the time of delivery, the consignment was damaged by rain. One bag of wheat, tarpaulin and ropes were also missing, On 16 July 1957, the plaintiff sent to each of the two railway administrations concerned a combined notice under section 77 of the Railways Act and section 80 of the Civil Procedure Code. These notices were duly received on 19 July 1957 and 22 July 1957.

(3.) THE claim was resisted inter alia on the following grounds. The plaintiff was neither the consignor nor the consignee nor the endorsee of the railway receipt. He had also not paid for the goods and was disentitled to claim damages. It was denied that the ordinary time required for transport via Jabalpur was fifteen days or that there was any delay in delivery despite deviation. Apart from the consideration that the railway administration had not under -taken to deliver the goods within a definite time, the goods in this case were delivered within a reasonable time. Finally, since the foods were loaded in an open wagon at the request of the consignor himself, the railway administrations were not responsible for damage, if any, due to rain or other natural conditions of the atmosphere.