UNION OF INDIA Vs. JUGAL KISHORE

JUDGEMENT

(1.) The Union of India as owning and managing the South Eastern Railway through the General Manager, S.E. Railway, Garden Reach Road, Calcutta-43 is the a appellant against the decree passed against it for recovery of a sum of Rs. 4,359.05 with costs in a suit brought at the instance of the respondent claiming damages for short delivery of kerosine delivered to him at Soro.

(2.) The facts briefly stated are that the plaintiff-respondent had indented 24,500 liters of kerosine oil by way of self consignment from Budge-Budge and despatched the goods therefrom under invoice No. 1, R.R. 221658 dated 6-12-1970. It was the case of the respondent that while taking delivery of the wagon it was found to be broken and a shortage of 11, 500 liters of kerosine oil was noticed for which the Station Master, Soro issued a shortage certificate and the suit was instituted on account of the loss suffered.

(3.) The suit was contested by the appellant contending that the goods were not loaded at Budge-Budge under the supervision of the Railway staff. The consignment was booked under L/U condition which meant that loading at the despatch station and unloading at the destination station were the responsibility of the consignor. The goods were loaded in the wagon by the consignor himself, sealed by him and was delivered to the railways only for carriage. The railway receipt granted to the respondent itself contained the endorsement about the amount of kerosine oil loaded as only 'said to contain' and there was no acceptance on the part of the railways at any time that actually 24,500 litres of kerosine oil had been loaded in the tanker and thus no liability on the part of the appellant could be found.