UNION OF INDIA Vs. HARI MOHAN GHOSH

JUDGEMENT

(1.) This appeal by the Union of India through the General Manager, N.F. Railway arises in the following circumstances.

(2.) The plaintiff respondent on 27-9-67 booked a consignment of artificial silk ready made garments in three packages at Sealdah on the Eastern Railway for carriage to Tangla on the N. F. Railway. The consignment was not delivered. The plaintiff suffered loss of Rs. 24,760.15 P. The plaintiff served notice and filed the suit on 3-6-69. The appellant defendants resisted the claim inter alia on the ground that the consignment comprised of 'silk' of a value of more than Rs. 500/-, but was not so declared and the required percentage under S.77B of the Indian Railways Act (hereinafter the Act) was not paid and hence the defendants were not liable and that the plaintiff was not entitled to compensation for loss of profits.

(3.) The following issues were framed:- 1. Whether the suit is maintainable in its present form? 2. Whether the plaintiff has right to sue and also cause of action for the suit'? 3. Whether the suit is barred by limitation? 4. Whether this Court has jurisdiction to try the suit? 5. Whether the valid and proper statutory notices were served on the defendants? 6. Whether the consignment was not delivered due to the negligence or misconduct on the part of Rly. administration? 7. Whether the suit consignment contains the readymade garments and if so, what is the actual value of the same? 8. Whether the defendant is liable to pay any compensation to the plaintiff, and if so, what? 9. Relief. The trial Court by judgment dated 20-11-76 decided all the issues in favour of the plaintiff and decreed the suit.