MD JAFFER HAJI EBRAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) PLAINTIFF is the appellant. Defendant No. 1 is the Union of India representing four different Railways, the South Eastern Railway, the Eastern Railway, the Northern railway and the North Eastern Railway who have been described as defendant nos. 1/a. to 1/d. Defendant No. 2 is the proprietor of the Tara Oil and Ginning mills of Hapur in U. P.

(2.) THE facts on which the plaintiff has founded his claim, in brief, are as follows: a tank load of mustard oil containing 528 maunds was consigned by defendant No. 2 at Hapur junction in Northern Railway on 19-9-1960 under R/r No. 217968 invoice No. 15 for delivery to self at the destination Cuttack on the South Eastern Railway. The railway receipt along with the bill amounting to Rs. 39,323. 32 was sent through the punjab National Bank, Hapur to the plaintiff to enable him to take delivery of the consignment. When the consignment reached Cuttack on 22-10-1960, the tank was found to be leaking. The plaintiff took delivery of the goods on protest after dip measurement. On actual weighing, the contents were found to be 424 maunds. 37 seers and 8 chhataks of oil. Thus, there was a short delivery of more than 103 maunds of oil the value of which is assessed at Rs. 8,694. 22. Alleging that this loss occurred due to the gross negligence and misconduct of the Railway administrations and their servants, plaintiff filed the suit to recover the value of the shortage together with interest after issuing notices under section 77 of the Indian Railways Act and Section 80, Civil Procedure code.

(3.) AS per the terms of the award dated 18-1-1961, defendant No. 2, the consignor paid Rs. 4,000/- to the plaintiff and undertook to file a suit against the Railway administration for realisation of the balance of the loss and pay the same to the plaintiff, Therefore, the plaintiff impleaded defendant No. 2 making an alternative claim for recovery of Rs. 5,000/-odd from him in case his claim against the railway administration is not decreed.