AGARWALLA AIR TRANSPORT Vs. MD NASRATULLA

JUDGEMENT

(1.) This second appeal is by the defendant viz. Messrs. Agarwalla Air Transport. The plaintiff Md. Nasratulla who carries on business at Bharat Shoe Stores at Chawk Bazar, Darjeeling, instituted the suit for recovery of Rs. 1,850-8-0 as compensation on account of non-delivery of a parcel of leather goods consigned for carrying by Air to the defendant Company. This claim included Rs. 404/- claimed as interest and damages, while the value of the leather goods and freight paid came to Rs. 1,448-8-0, according to the case of the plaintiff.

(2.) Defendant No. 1 company filed written statement and contested the suit, denying that the value of goods consigned to the defendant company for Air carriage from Calcutta to Darjeeling was Rs. 1,446-8-0 including the freight. According to the defendant company, the value could not exceed Rs. 200/-, and the consignment which weighed only 66 Ibs. could not possibly include leather goods worth Rs. 1,446-8-0 and the claim of the plaintiff was grossly inflated. The defendant company also stated that though the goods were made over to the defendant company for Air carriage, the goods could not be delivered to the consignee due to unavoidable circumstance.

(3.) The learned Subordinate Judge who tried the suit held on the evidence that the value of the goods in the consignment was Rs. 1,416-8-0 and that freight and other incidental charges came to Rs. 30/- and therefore the plaintiff was entitled to recover Rs. 1,446-8-0. According to the case of the plaintiff the leather goods were purchased from a Chinese merchant Mr. Chung of Chunking Shoe Stores of Calcutta, and out of price of the goods, Rs. 1,314-8-0 was paid in cash to Mr. Chung at Calcutta and a receipt obtained for the payment, and for the balance of Rs. 132/- the Air consignment note was sent to the Darjeeling Branch of the Comilla Banking Corporation, and the Air consignment note was cleared from the Bank by the plaintiff by paying the sum of Rs. 132/- and thereupon the consignment note was endorsed in favour of the plaintiff. The payment of the cash money at Calcutta was challenged strenuously by the defendant company. But on the evidence the learned Subordinate Judge accepted the plaintiffs case on the point as sufficiently proved and therefore the learned Subordinate Judge decreed the suit for Rs. 1,446-8-0, disallowing the claim of Rs. 404/- on account of interest and damages. The suit was decreed with proportionate costs.