UNION OF INDIA Vs. SHEOBUX SATYANARAYAN

JUDGEMENT

(1.) DEFENDANTS are the appellants against the reversing judgment of the learned district Judge of Cuttack decreeing the plaintiffs' claim for Rs. 680/10/- in each of the suits. Second appeal No. 240/60 and Second Appeal No. 241/60 correspond to money suit No. 198/56 and Money Suit No. 197/56 respectively. Facts alleged in both the cases are almost identical. In each case the facts are that the plaintiff booked a consignment of 220 bags of sugar weighing 605 mds. . (each bag weighing 2 maunds 30 seers ). One consignment was under Invoice No. 2 R/r No. 124163 dated 5-6-55 and the other was under Invoice No. 3 R/r No. 124154 dated 5-6-55. These consignments were delivered on 18-7-55 though they were to reach Cuttack on 15-6-55. On enquiry the plaintiff came to know that the wagon containing the consignments was misdirected to Kantapukur Station on the eastern Railway and was detained there for more than a month. The plaintiff suffered loss of Rs. 1512/8/- due to this extraordinary delay in delivery as the market price of sugar came down by Rs. 2/8 per maund between the due date of delivery and the actual date of delivery.

(2.) IN both the suits defendants asserted that there was no loss due to fall. in the market fate and there was no special contract for the goods to reach before a special date.

(3.) THE learned Munsif found that there was delay in transit due to the negligence and misconduct of the servants of the Railways and that the plff. was not entitled to any damages due to depreciation in value of the goods on account of the fall of price. He accordingly dismissed both the suits.