ROAD TRANSPORT ORGANIZATION Vs. BARUNAI POWERLOOM WEAVERS

JUDGEMENT

(1.) UNSUCCESSFUL defendant No. 1 in O.S. No. 8 of 1982 -111 on the file of the Subordinate Judge, Khurda (presently designated as Civil Judge, Senior Division) by filling the present appeal has assailed the judgment whereby plaintiff's suit for compensation for loss of goods with interest to the tune of Rs. 14,960.23 p. has been decreed.

(2.) BARUNAI Powerloom Weavers' Co -operative Society Limited (hereinafter referred to as 'the plaintiff) is a registered society which deals in powerloom clothes and sends the finished products to different shopping centres situated in and outside the State by train as well as road carrier. Plaintiff's case, in short, is that on three occasions, i.e. 19.6.1978, 11.8.1978and 12.1.1979 it had consigned clothes in bundles through the carrier of defendant No. 1 by road to be delivered at the factory of defendant No. 2. On all these three occasions though goods were delivered at the destination, but there was shortage, as a result the plaintiff suffered loss of Rs. 20,909.98 p. The loss as aforesaid occurred, according to the plaintiff, on account of negligence and carelessness of the employees of defendant No. 1. It is stated that though there is a clause in the receipt that the goods were to be carried at the owner's risk, but such a clause is vague and inoperative. To make, good the loss notices were issued and in reply defendant No. 1 by letter dated 13.2.1979 promised to pay the claim amount in instalments. Accordingly it paid Rs. 5,949.75 p. in 7 instalments within the period from 13.2.1979 to 2.7.1979 and thereafter failed to pay the balance. The plaintiff, therefore, filed the suit and claimed for recovery of the balance amount of Rs. 19,286,33 p. which is inclusive of compensation.

(3.) THE trial Court on the pleadings of the parties framed six issues and on consideration of the evidence led during trial decided all the issues in favour of the plaintiff and decreed the suit.