CHANDA DEVI Vs. GENERAL MANAGER EASTERN RLY

JUDGEMENT

(1.) In the suit out of which this appeal arises the plaintiff alleged that a consignment of 343 tins of mustard oil was despatched from Hathras Killa on the Northern Railway for being delivered1 at Kodarma Railway Station on the Eastern Railway, At the time of delivery the plaintiff found that 93 tins of mustard oil were damaged. Out of these 93 tins, 25 tins were found entirely empty and 68 tins were found leaking. The plaintiff, therefore, brought this suit for recovery of damages against the railway authorities for loss of the consignment, alleging that it was due to the negligence and misconduct on the part of the railway administration. The suit was contested by the defendants on the ground that at the time the tins were handed to the charge of the railway authorities at Hathras Killa, the tins were in a defective condition and the soldering was weak and so Section 74-A of the Railways Act applied to the case. It was also contended on behalf of the defendant that there was no negligence or misconduct proved on the part of the railway administration or any of its servants. The trial Court granted a decree to the plaintiff, but in appeal the lower appellate Court has reversed the decree and dismissed the suit.

(2.) On behalf Of the plaintiff-appellant the main argument advanced is that Section 74-A of the Railways Act has no application to the case. It was submitted that the finding of the lower appellate Court that there was defective or improper packing recorded by the sender or his agent in the forwarding note is vitiated in law because there was no proper evidence to support that finding. Learned Counsel for the appellant took us through the Judgment of the lower appellate Court and also through the Judgment of the trial Court on this point. But having perused those judgments we are not satisfied that there is any error of law which vitiates the finding of the lower appellate Court that there was defective or improper packing of the tins which was recorded by the sender or by his agent in the forwarding note. The finding of the lower appellate Court on this point is a finding on a question of fact and, in our opinion, this finding of the lower appellate Court is not vitiated by any error of law.

(3.) It was also submitted on behalf of the appellant that the finding of the lower appellate Court that there was no negligence or misconduct on the part of the railway administration or its servants is also erroneous in law. Having perused the reasons given by the lower appellate Court for the "finding and having also read the material portion of the judgment we are satisfied that there is no substance in this argument. On the contrary the finding of the lower appellate Court is supported by proper evidence, and the finding being a finding on a question of fact cannot be disturbed by the High Court in second appeal.