UNION OF INDIA Vs. MADAN MOHAN

JUDGEMENT

(1.) This appeal, by defendants 1 and 2, arises out of a suit for recovery of Rs. 7,743.53 paise on account of damages for deterioration of a consignment of 277 baskets and 20 bags of potato seeds.

(2.) The consignment was booked from Patna City under Parcel Way Bill No. 293397 dated 21-11-62 (Ext. A). It was alleged that in order to get the consignment within three days, the consignor paid a higher rate of freight for transit of the goods by parcel van. The delivery was to be given at Cuttack Station by 24-11-62. But the van carrying the consignment arrived at Cuttack Railway Station on 15-12-62. The plaintiff took open and assessment delivery of the consignment through his representative Laxminarayan Singh (P. W. 4) on the same date. The Station Master granted a Damage Certificate (Ext. 6) assessing the damages at 40% to 55% of the goods. The total quantity of potato seeds which were completely damaged came to 143 1/2 baskets. The plaintiff took delivery of 163 1/2 baskets of potato seeds which were partly damaged and sold the same for Rs. 115 by auction. After service of notices, the plaintiff filed the suit claiming Rs. 3,444 as the price of 143 1/2 baskets of potato seeds which were entirely rotten. Rs. 3,924 as the price of 163 1/2 baskets of potato seeds which were partly damaged, Rs. 233.85 paise as the proportionate freight, Rs. 35 as costs of sending notices by registered post, Rs. 73.68 paise as interest; thus in all, Rs. 7628 out of which a sum of Rs. 115 was deducted as the sale proceeds in auction.

(3.) The plaintiffs contention was that the wagon carrying the consignment was diverted in a wrong route and was detained for a long time at other station as a result of which the goods were damaged.