UNION OF INDIA Vs. KHALILUR RAHMAN

JUDGEMENT

(1.) This is an appeal by the Union of India against the judgment and decree of reversal decreeing the plaintiff's suit for compensation for damages in transit of a consignment of mangoes.

(2.) According to the plaint, a consignment of 451 baskets of mangoes was booked on May 13, 1956 at Coconada port for delivery at Shalimar. Normally the time taken for delivery was 5/6 days but the consignment, in the instant case, was seriously delayed in transit due to the negligence of the railway with the result that the consignment arrived at destination on May 25, 1956 in damaged and decomposed condition. Assessment delivery was taken and damage assessed by the Railway was 75%. The plaintiff accordingly suffered loss for Rs. 2875-2-0. Requisite notices under the law were served on the General Managers of the Railways concerned and as the amount claimed was not paid the present suit was instituted by the plaintiff as the consignee, for valuable consideration.

(3.) The defendant, the Union of India, contested the suit by filing a written statement wherein the alleged liability was denied and it was also stated that the delay if any, was due to a strike by the Khurda Road Station guards and as such the Khurda Road Station was rot able to take the train during the time. The delay, if any, was thus unavoidable and was not due to negligence or misconduct of the railway employees. The wagon holding the suit consignment arrived at Waltair on May 15, and left Palasa on 20th to reach Bhadrak on 22nd. It left Kharagpur on 24th reaching destination on the following day i.e. May 25, 1956. The damage was due to the bad condition of the goods and inherent vice therein. The notices were not legal or valid while the damage claimed was excessive. In the premises the defendant prayed for dismissal of the suit.