JULARAM VERMA Vs. HARBANSLAL CHHABRA

JUDGEMENT

(1.) THIS second appeal by the plaintiffs was admitted on the following substantial question of law: Whether irrespective of the fact that defendants 1 and 2 were not the owners of the truck, they are liable for the damages under the Carriers of Goods Act ?

(2.) FACTS relevant for decision of the question in the appeal are that the plaintiffs entrusted 60 bags of grains to the respondents for transportation from Baiji in Tahsil Remetara to Raipur. It was alleged that respondents No. 1 and 2, father and son, constitute a joint Hindu family and carry on transport business. Therefore, their truck MPS 6481, nominally recorded in the name of respondent No. 2, while respondent No. 3 was in their employment as driver. They charged Rs. 180/- at the rate of 3 per bag as hire charges. It is alleged that on way, while crossing the bridge over river near Simga, the truck dashed against railings of the bridge and fell into the river. The plaintiffs also suffered injuries Three or four days after the incident, only 46 bags of grains could be retrieved. Though the grains were in fact the gunny bags were in damaged condition. The plaintiffs, therefore, claimed damages for the remaining grains 22.16 quintals amounting to Rs. 3,627.00 paise in round figure Rs. 3,500/-.

(3.) THE learned trial Court decreed the suit. In appeal, by respondents No. 1 and 2, the decree against them was set aside on a finding that the plaintiffs failed to prove that they were owners of the truck. Hence this appeal.