RADHA KISHAN NATHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal Involves the interpretation of Section 76(1) of the Indian Railways Act (IX of 1890). Section 75(1) has been amended twice; the first time in 1947, by the Indian Railways (Amendment) Act (VI of 1947), which came into force on the 21th March, 1947; and the second time in 1949 by the Indian Railways (Amendment) Act, (LVI of 1949), which was brought into force on the 1st day of February, 1950. We are concerned here with the unamended Section 75(1) of the Act, which was in force In 1940. Section 75(1), before its amendment in 1947 and 1949, was in these terms:

(2.) In order to understand the significance of this expression, and, its bearing on the facts of the present case, it is necessary to state a few facts briefly.

(3.) The plaintiffs, who are the appellants before this Court, brought this suit, out of which this appeal arises, for recovery of Rs. 2,205-6-0 inclusive of interest etc. as damages on account of non-delivery of one out of the three packages entrusted by plaintiff 2 to the custody of the Railway Guard of G. I. P. Railway at Victoria Terminus on the 8th December, 1946, to be carried to Muzaffarpur. Plaintiff 2 had five packages of clothes. He got them weighed, and obtained one luggage ticket for all of them, after paying the charges payable in respect thereof. Out of these five packages, he kept two with himself, and, entrusted the other three to the custody of the Guard in the parcel van. When he reached Muzaffarpur, he found that one of the three packages entrusted to the Guard was missing. He, thereupon, took open delivery of the remaining two packages on the 9th January, 1947; and brought the present suit on the allegation that the missing package contained articles mentioned in Schedule 1 of the plaint, valued at Rs. 1,984, and, therefore, the plaintiffs, who were members of a joint Mitakshara Hindu family, were entitled to recover the amount with interest as damages on account of non-delivery of one of the three packages.