UNION OF INDIA Vs. MOHAN RAJ

JUDGEMENT

(1.) This second appeal arises out of a suit for the recovery of damages on account of non-delivery of goods by the railway administration.

(2.) The facts which have given rise to this litigation and which are no longer in controversy, are that the Plaintiff Mohan Raj consigned firewood from Auwa Railway Station for Asarwa Railway Station on the Western Railway, under Railway Receipt No. 84618 dated 18-11-65. The plaintiff had indented a wagon for the carriage of the aforesaid goods and the firewood of the plaintiff was loaded in Wagon No. WR 26811 at Auwa Railway Station. In the railway receipt the Quantity of goods booked was mentioned as 108 qtls.. the railway administration having accepted the consignor's statement about weight of the consignment. When the representative of the plaintiff went to Asarwa Railway Station for taking delivery of the aforesaid consignment, it was found that wagon No. 26811 contained only 62.50 qtls. of firewood. There was another wagon No. 5594, in which also there was firewood weighing 36 qtls.. but there was nothing to show that the firewood contained in the other wagon No. 5504 also belonged to the plaintiff- The Station Master. Asarwa was prepared to deliver to the plaintiff's representative the fire wood contained in wagon No. 26811. but the plaintiff desired him to give, delivery of the firewood contained in both the wagons Nos. 26811 and 5594. The Station Master was not prepared to give the delivery of the firewood contained in wagon No. 5594 to the plaintiff without making verification and obtaining the requisite particulars about the said wagon. In these circumstances, the Plaintiff's representative refused to take delivery of the firewood contained in wagon No. 26811, unless a short delivery certificate was given by the railway authorities. The plain-tiff thereupon approached the higher railway authorities at Ahmedabad and Bombay and also issued a notice to the Chief Commercial Superintendent of the Railway at Bombay, under Section 78-B of the Railways Act. On January 11, 1966, the plaintiff received a letter from the Station Master. Asarwa asking him to take delivery of the goods after payment of due charges. But the plaintiff did not take delivery of the goods. Thereafter several intimations were given by the Railway administration t0 the plaintiff to take delivery of the goods and subsequently a notice was also issued to him intimating him that if he failed to take delivery of the Roods, the same would be sold by public auction. However, the plaintiff did not take delivery of the goods and the firewood weighing 98.50 qtls. was sold by public auction on July 21, 1966 for a sum of Rs. 75. The plaintiff had already issued a notice through his counsel under Section 80, C.P.C. on May 25, 1966, claiming a sum of Rs. 1.716 towards the value of the firewood weighing 108 qtls. and other expenses. Thereafter, a suit was filed by the plaintiff for the recovery of Rs. 1.747 against the Union of India, through the General Manager. Western Railway on May 3. 1967.

(3.) The defendant's case was that the consignment booked by the plaintiff did not weigh 108 qtls.. but as the goods were loosely loaded in the wacon and the logs of wood were placed in such a disarranged manner that some of them were projecting out of the wagon. When the goods reached Mehsana Railway Station, the railway administration thought it proper to shift a part of the consignment to another wagon No. 5594 so as to ensure the safe movement of the goods and in order to avoid any chance of an accident on account of logs of wood projecting out of the wagon. As the other wagon No. 5594 did not bear any lables. the Station Master was unable to give delivery to the plaintiff or his representative of the goods contained in wagon No. 5594, as it was not possible for him then to connect the goods contained in the said wagon with the railway receipt produced by the plaintiff. The Station Master was. therefore, prepared to give delivery to the plaintiff of goods weighing 62.50 qtls. contained in wagon No. 26811. But he could not deliver the goods contained in another wagon No. 5594 to the plaintiff or his representative, without first ascertaining whether the goods in that wagon were connected in any manner with the consignment of the plaintiff. However, the plaintiff refused to take delivery of the goods contained in wagon No. 26811 only. An enquiry was made by the railway administration about the remaining goods, and as there was no indication regarding the contents of wagon No. 5594. the floods contained in the aforesaid wagon No. 5594 was returned to Mehsana Railway Station and after proper verification they were sent back to Asarwa Railway Station on January 13. 1966. According to the railway administration, they were prepared to give delivery of the goods to the plaintiff contained in wagon No. 26811 on November 26. 1965 and further they were ready to give delivery of the entire goods to the plaintiff on January 21. 1966, but the plaintiff was not willing to accept the delivery and in spite of several notices issued by the railway administration, the plaintiff did not turn up to take delivery of the goods at the Asarwa Railway Station. Thus, according to the defendant, they had no option, in such circumstances, but to dispose of the goods by public auction, at which a sum of Rs. 75 was received as the sale price of the firewood belonging to the plaintiff. The trial Court decreed the plaintiff's suit for a sum of Rs. 1.740 towards the price of the firewood and other expenses incurred by the plaintiff. The Union of India preferred an appeal before the learned District Judge. Pali, who partly allowed the appeal and passed a decree for Rs. 1,168 by way of damages along with proportionate costs.