UNION OF INDIA Vs. LADURAM FAKIRCHAND

JUDGEMENT

(1.) This Rule is against the judgment and the decree of the lower appellate Court upholding those of the trial Court with a slight modification.

(2.) The suit out of which this Rule arises was instituted by the opposite party. _a partnership firm, against the Union of India representing the South Eastern Railway praying for compensation to the extent of Rupees 958.80 on account of short delivery of a consignment of ground-nut-oil. A consignment of 686 tins of ground-nut oil was booked on August 1, 1965 from Ex-Metur Dam to Bankura and the opposite party firm was the consignee for valuable consideration in respect of the said consignment. When the goods reached the destination station. 17 tins were found partially empty and 13 tins entirely empty resulting in a total loss of 282 kg. of ground-nut oil. The opposite party claimed the price of the oil delivered short at the rate of Rs. 3.40 per kg. amounting to Rs. 958.80.

(3.) The petitioner, the Union of India, contested the suit by filing a written statement. Its case was that the consignment was booked at the owner's risk rate and that the tins were old and not crated according to the rules. It was alleged that the wagon was sealed and rivetted in the presence of the consignor after loading and that the same arrived at the destination station with those in tact. The petitioner denied that the shortage was due to the negligence or misconduct on the part of the Railway or its employees. The petitioner also alleged that the rate of price claimed by the opposite party firm was excessive.