BALURGHAT TRANSPORT CO Vs. LUXMI TEA CO LTD

JUDGEMENT

(1.) This appeal is directed against the judgement and decree dated 27th Jan. 1975, passed in Money Suit No. 320 of 1971, by the learned Judge, 10th Bench, City Civil Court, Calcutta. By such determination, the suit for recovery of price of the goods, which were not duly delivered and damaged during transit, was decreed for a sum of Rs. 8,934.86p, with proportionate cost.

(2.) There were two invoices involved being Ext. 47 dt. 27th Aug. 1968 and D49 dt. 29th Aug. 1968 on the basis whereof, the claim for the decree as mentioned above, was made Admittedly, the plaintiff is the owner of a tea garden known as Narayanpur Tea Estate and on diverse dates, various consignments of tea in different chest were delivered to the defendant appellant, a common carrier, for carrying them from the said tea estate to Calcutta by road. The particulars of the consignment notes have been given in the plaint. As indicated earlier, the suit in question related to the invoices as mentioned above. It would appear from the pleadings that on 4th Sept, 1968, the defendant appellant's truck bearing No. WBK 3221, was loaded with the concerned chest and in transit, the said truck met with an accident on the way between Gayarkata and Birpara, as a result whereof, the consignments of tea suffered damages. Farther particulars of the consignments which were so damaged have also been mentioned and there was survey and inspection made of those teas by the various tea brokers like M/s. J. Thomas and Co. Private Limited and M/s. W.S. Cresswell and Co. Private Limited. Both the said tea brokers issued short certificates and P.Ws. 1 and 2, their employees, had also proved those certificates.

(3.) The plaintiff's specific case was that because of the happening as mentioned above, they have suffered damages for a sum of Rs. 6,994.48 and Rs. 2,328.42 and such accident, involved in this case, had happened due to the negligence of the carrier.