LAKHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS second appeal -is directed against the judgment passed by the 1st appellate Court in Money Appeal No. 5/78 affirming the judgment of the trial Court passed by Munsif, Barn, in Money Suit No. 225/70.

(2.) THE case of the plaintiff -appellants was that the plaintiff -firm had despatched a consignment of 301 bags of Khesari dal at Barh Railway Station on 3 -5 -1969. This consignment reached its destination at Calcutta on 13th June, 1969 and was delivered on 18th June, 1969, as a result of which prices of Khesari dal fell down causing loss to the plaintiffs of Rs. 2738.19 paise. The appellants sustained this loss on account of sale of the consignment on a price less than what could have been fetched if the consignment had reached its destination in time. Further case of the plaintiff -appellants was that normally time of reaching the consignment from Barh to Calcutta was 1 1/2 months. However, on account of the negligence on the part of the Railway employees, the consignment reached its destination by a delay of 1 month 15 days, After serving notice under Sec. 78 -B of the Indian Railways Act and under Sec. 80. CP.C, the plaintiff -appellants filed the suit for realisation of Rs. 2738,10 paise,

(3.) THE trial Court dismissed the claim of the plaintiff -appellants holding that neither there was" negligence on the part of the Railways in delivery of the consignment nor there was any loss sustained by the appellants on account of the delayed delivery. However, the appellate Court held that there was, of course, some negligence on the part of the Indian Railways in delivery of the concerned consignment, but the appellate Court held that prices of Khesari dal had shot up instead of falling down and, therefore, there was no loss sustained by the plaintiff -appellants. Hence, the appeal was dismissed by the appellate Court and the judgment and decree of the trial Court was confirmed.