UNION OF INDIA Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) THE defendant has come up in regular second appeal against the judgment and decree of the First Appellate Court reversing on appeal those of the trial Judge and passing a decree for recovery of Rs. 3124.49 paise in favour of the plaintiff-respondent.

(2.) THE plaintiff No. 1 is a registered company and is doing the business of insurance; that plaintiff No. 2 is an incorporated Company under the Companies Act; that two tractors were entrusted by plaintiff No. 2 to the defendant-respondent No. 1 appellant at Faridabad for carrying them by goods train for delivery to defendant No. 2 at Nagpur; that it was accepted by the appellant under receipt No. B-647249, dated March 24, 1969; that the goods were booked at the railway risk; that during transit some parts were either damaged or lost; that the defendant No. 2 accepted the delivery subject to the damages; that the goods were insured with the plaintiff-respondent No. 1; that defendant No. 2 subrogated its right in favour of plaintiff No. 1 The suit filed by the plaintiffs was contested on various grounds. The First Appellate Court on examination of the evidence found that the goods were booked at the railway risk and that there was shortage and missing of certain parts about which certificate Ex.P5 was issued by the defendant No. 1/-Aappellant. It negatived the plea of the defendant No. 1/-appellant, that no negligence could be fastened on it for want of any evidence of negligence or misconduct It also rejected the plea of defendant No. 1/-appellant that there was defective packing at the time of booking. It, however, came to the conclusion that at the time of booking, there were wooden planks which were not in existence at the time of delivery to the consignee at Nagpur and for this negligence, it held defendant No. 1/-appellant responsible and assessed the liability for which a decree was passed.