SEED ALU SUPPLIERS SYNDICATE Vs. UNION OF INDIA

JUDGEMENT

(1.) This Regular Second Appeal at the instance of the plaintiff has been directed against the judgment and decree dated 21.1.1993 of the learned District Judge (Forests), Shimla, affirming the judgment and decree dated 30.11.1987 of the learned Sub Judge 1st Class (3),"Shimla.

(2.) The plaintiff is a registered partnership firm and carrying on business in seed potatoes under the name and style of Messers. Seed Alu Suppliers Syndicate. A consignment of 188 bags of high quality Himachal Potatoes was Sent by the plaintiff to Bangarpet through rail on 18.12.1981 vide Railway Receipt No. 013634 for sale on commission basis. In the railway receipt Messers Kirumal Nawalk ishore (a sister concern of the plaintiff) was shown as consignor while the plaintiff was shown as its consignee. The consignment was despatched from Shimla to Kalka by the defendant on narrow gauge rail line vide wagon No.l007R and from Kalka onward to its destination on broad gauge rail line in wagon No.24395 -CR. The consignment of potatoes, at the time of its loading at Shimla, was of high quality, of good and normal health and free from any vice. The delivery of the consignment at its destination was delayed abnormally due to the negligence and misconduct of the railway authorities. The consignment reached its destination after 31 days as against the normal period of 15 to 18 days. As a result of such delay, the seed potatoes got damaged/deteriorated. On arrival at the destination the seed potatoes were found in a damaged and deteriorated condition. Water was found oozing from the potatoes. There was foul smell. After getting the damage assessed by the railway authorities, the delivery of the consignment was obtained. Marketable potatoes were sorted out and were sold in the market for Rs.5930/ -. The plaintiff claimed damages of Rs.23.052A from the defendant, calculated as under: - (i) Cost of 188 bags of potatoes; Rs.23.765/ - (ii) Add railway freight, commission charges and other Incidental expenses incurred on the consignment: Rs.5, 217/ - Total: Rs.28.982/ -(iii) Less sale proceeds received: Rs.5, 930/ - Net Loss Rs.23.052/ -

(3.) The plaintiff has averred that loss was suffered due to negligence and misconduct of the railway authorities. Though a claim was lodged with regard to the loss suffered by the plaintiff with the railway authorities within the prescribed period of six months, such claim has not been settled. Hence a suit for the recovery of amount of loss came to be filed.