UNION OF INDIA (UOI) Vs. SRI NARAYAN AGARWALLA

JUDGEMENT

(1.) THE question in this case is whether the Government of India can escape liability to pay compensation for loss caused by non -delivery of an article it received for carriage and delivery when the article has not been lost by the Government. The Opposite Party delivered to the Darjeeling Bazar Post Office a parcel under the value payable system for delivery to one Sitaram Gupta at Happy Valley Sub -Post Office, Shillong in Assam. This was never delivered. The present suit was brought on a claim of Rs. 450/ - of which Rs. 400/ - was claimed as compensation for the non -delivered article and Rs. 50/ - on account of costs of notices and correspondence. The defence taken was that this particular parcel was taken away by thieves along with other things from the Shillong Post Office. The trial Court disbelieved the story of theft but also held that even if there had been theft this was due to the omission of the postal authorities to take sufficient precaution against theft. He held that the plaintiff was entitled to the sum of Rs. 400/ - as compensation for the non -delivered parcel and Rs. 25/ - as costs for notices and correspondence and decreed the suit for the sum of Es. 425/ -. (2) Section 6, Post Office Act provides,