UNION OF INDIA Vs. NICHALDAS

JUDGEMENT

(1.) ONE barrel of citronella oil - an essential oil, was booked from Shalimar Railway Station to Raipur. At the time of delivery of the barrel at Raipur it was found that the barrel was damaged and that some oil had leaked out. The plaintiff filed a suit for damages against the Union of India in the sum of Rs. 936, the price of 26 kilogram of oil alleged to have been leaked out. The plaintiff's suit was decreed. This revision under section 25 of the Provincial Small Cause Courts Act is directed against that decree.

(2.) THE main defence of the Union of India is that under section 77-B of the Railways Act, 1890 the Union of India is protected and is not liable to pay any damages. Section 77-B reads as under:-

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