UNION OF INDIA Vs. AYODHYA PRASAD PARMESHWARIDAS

JUDGEMENT

(1.) THE respondent's suit was for the recovery of Rs. 579. 59 on account of short delivery and damages against the Union of India, represented by the South eastern Railway, the Central Railway and the Western Railway. The suit consignment was booked from Panelimoti to Raigarh vide railway receipt Ex. D3 and forwarding note Ex. D-5. Out of 660 tins of groundnut oil, 17 tins were damaged, 9 tins were completely crushed and the contents of 8 tins weighed only 80 kgs. It has been found by the trial Court that there was short delivery of 13 tins and 4 kgs. of oil, the value of which was Rs. 554. 59 P. It passed a decree for the entire amount claimed.

(2.) IT was averred in paragraph 5 of the plaint that the consignment was booked at railway risk rate. This was denied in paragraph 5 of the written statement and it was contended that the consignment was booked at the owner's risk rate.

(3.) IT was argued for the petitioner that since the railway receipt clearly shows that it was booked at owner's risk rate, it was, for the plaintiff to prove, in the first instance, that there was negligence or misconduct on the part of the railway administration or any of its servants within the meaning of Section 73 of the Railway Act.