BHAIRUDDIN NAHATA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a suit by a consignee of goods for damages for non-delivery and/ or loss of the consignment against the Union of India.

(2.) On 29-4-1950 the plaintiff consigned to himself 201 bags of mustard seeds from Hathras Killah on the East Indian Railway. The goods were to be carried to Luckysarai. another station or the same Railway. For the non-delivery of the consignment the plaintiff claims a sum of Rs. 18.022-8-0, full particulars of the claim being given in paragraph 3 of the plaint. These include not only the cost of 455 mds. 5 srs. 8 ch. mustard seeds amounting to Rs. 15,614-7-3 'but various other charges and expenses. As the plaintiff is not pressing his claim with regard to these other items, no further notice need be taken of them.

(3.) The Plea in defence which was ultimately pressed in this Court, is that the consignment arrived at the destination station and delivery of it was duly given to the consignee or his agent ; an alternative case was also made that if the plaintiff had not received delivery of the consignment covered by the railway receipt, the defendant should be absolved from all liability in respect of the loss or non-delivery to the plaintiff inasmuch as it took as much care of the goods as a person of ordinary prudence would take of his own goods in similar circumstances. The defendant also denies any negligence on its part.