THE UNION OF INDIA (UOI) REPRESENTING THE GENERAL MANAGER OF THE S.E. RAILWAY AND ORS. Vs. HAJI ABDUL RAHIMAN JAHI ABDUL

JUDGEMENT

(1.) THIS is an application filed by the Union of India, representing three Railways -the South Eastern Railway, the Eastern Railway and the Northern Railway. It arises out of a suit filed by the Plaintiff for recovery of damages from the Railway administration, on account of damage done to the potatoes consigned by him to the Railway administration on 12th April, 1960, at Juanpur for despatch to Berhampur. It appears that in all there were 205 bags of potatoes consigned on that day by the Plaintiff; and according to him, in the normal course, it should have reached its destination in ten days that means near about the 22nd April, 1960. It is however not denied that the consignment actually reached Berhampur (which falls on the South Eastern Railway) on the 2nd May, 1960. The grievance of the Plaintiff is that this delay caused in the transit of the consignment was due to negligence and misconduct on the part of the railway administration as they unnecessarily got the train detained at some stations where normally it should not have been stopped at all It is true that there is no oral evidence given on behalf of the Plaintiff, but from what has been stated by d.w. 2, examined on behalf of the railways, the following three facts are clearly established:

(2.) IN this Court, the main grievance made by Mr. B.K. Pal appearing for the Railways (Petitioners) is that the Court below has erred in law in not keeping in view the provision of law as laid down in Section 74 -A of the Indian Railways Act. That provision lays down: