DEBANANDA DORA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal and revision arise out of the appellate judgment of the Subordinate judge of Sambalpur reversing the judgment of the Munsif of Bargarh and dismissing the plaintiff's suit for compensation. As the appellant petitioner was not sure whether a second appeal would he, he took the additional precaution of filing a civil revision also. Both the appeal and revision are dealt with in this judgment.

(2.) THE facts found are these. The appellant delivered a parcel weighing 211/2 tolas containing two gold ornaments at the Sub-Post Office, Bargarh, on 16-6-1958 and insured the same for Rs. 1,000/ -. The addressee was one G. Kamayya Dora, village Bhairipuram, P. O. Sompeta in the district of Srikakulam in Andhra State. When it was delivered to the addressee it was noticed that one of the gold ornaments was missing and in the acknowledgment form the weight of the packet was shown only 18 tolas. After some correspondence with the postal authorities and an abortive attempt to start a criminal case the petitioner instituted the suit under appeal on 24-4-1961, mainly against the Union of India, representing the postal Department, claiming damages to the extent of Rs. 665/- for the loss of one of the two gold ornaments weighing about 31/2 tolas

(3.) THE learned Munsif decreed the claim for Rs. 388. 50 np. On appeal the learned subordinate Judge while agreeing with the trial court as regards the facts of the case including the loss of a gold ornament weighing 31/2 tolas, held that the suit was barred under Article 30 or 31 of the Limitation Act, because the Post Office was a "carrier"; and the suit was admittedly not brought within one year from the date of loss or damage of the packet.