UNION OF INDIA Vs. BIHAR STATE CO-OPERATIVE

JUDGEMENT

(1.) The defendants Union of India, representing the Railway administration of N. E. Railway, Eastern Railway, North Eastern Railway and Ors. have appealed against the judgment and decree of the court of the 7th Additional Subordinate Judge, Motihari who has reversed the judgment and decree of the court of the Munsif, Motihari and granted a decree for a sum of Rs. 4,957.56 paise in favour of the plaintiff -respondent, Bihar State Co -operative Marketing Union Ltd., a society registered under the Bihar and Orissa Co -operative Societies Act.

(2.) 3,800 bags of urea, each bag containing 51 kilograms were booked by the respondent's Manager of Mokameh branch to Motihari. At Motihari the consignment was found short of weighment. The respondent -society took delivery of the same with shortage on 24 -3 -1972. As alleged, the consignment was pilfered and damaged (110 bags were pilfered, cut and damaged and 25 bags were missing) showing a loss of 5640 Kilo grams of Urea. A short certificate No. 556215 dated 14 -4 -72 was granted accordingly by the Motihari Railway station authority alleging that a loss of Rs. 4957.56 paise was caused to the respondent -society due to misconduct, negligence and carelessness of the Railway administration in transit. The respondent -society claimed the said amount and served the notice required under the law upon the Railway administration. The defendants have, as alleged, failed to respond and hence the society -respondent instituted the suit claiming the said amount.

(3.) The appellants in their return in the suit, besides other matters, stated that there were two consignments of chemical ferliser (urea) booked from Vishakhapatnam Port to Mokameh Junction in Broad gauge wagons with remarks of -bags having hook holes and contents dropping. Invoice No. 134/A /R/R No. 170861 dated 14 -3 -1972 contained 950 bags of Urea and invoice No 133/A.R.R. No. 170860 dated 14 -3 -1972 contained 2850 bags of urea. The goods were loaded in three Broad Suage wagons No. SE 53839, S. E. 67385 and S. E. 67117. At Mokameh they were re -booked for Motihari under fresh Railway receipt being invoice No. 5 R.R. 0624/5 dated 19 -3 -1972 on original loading with original label from the yard. The consignor did not open the wagons at Mokameh. The same sealed wagons from Vishakhapatnam port were re -channelised to Motihari. The defendant -appellants, thus, maintained that the weighment of each bag was not necessarily 51 kilograms since there was no inspection of the bags containing urea at Mohameh, the condition recorded at original booking remained attached to the consignment. They also disclosed in their return that four bags were opened for transhipment to meter gauge wagons at Garhara Station, which were detected to be torn and badly stacked. They maintained accordingly that they had no responsibility, if there has been loss in the consignment due to defective packing in disregard of tariff rules. They were not liable for the damages or loss in the consignment.