KAPIL DEV Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under Section 96, CPC arises out of the judgment and decree dated 9.4.1984 passed by the learned Additional District Judge No. 2, Jaipur City, Jaipur whereby the learned Judge has dismissed the plaintiffs' suit.

(2.) THE plaintiff -appellants filed a suit for recovery of an amount of Rs. 31286 as damages on account of loss due to fire broken out in the railway wagon which resulted in damage of two consignments consisting of 900 bundles of safety matches. It was averred that on 26.2.1974 M/s. Pandyan Match Industries, Shivkasi had despatched two consignments consisting of 700 bundles and 200 bundles of safety matches for being delivered to the consignee, plaintiff No. 1 at Jaipur. As per the averments of the plaint the consignments when tendered for booking at Shivkasi railway station were in sound condition, fulfilling and complying with the railway packing conditions prescribed in this behalf and the consignments were booked at the risk of railway administration. The plaintiffs alleged it was only on account of gross negligence on the part of railway administration that the consignments were not offered to delivery to the consignee at Jaipur in the original condition and the same were found in badly damaged, devalued and spoiled condition and the contents were found broken on account of fire broken out in the wagon at Talvandiya. As such open delivery of the said consignments was given to the consignee at Khandwa railway station. A certificate was also issued by the Commercial Inspector at Khandwa certifying the damaged/burnt condition of the consignments.

(3.) THE plaintiffs thereafter served a legal notice upon the defendants asking them for payment of aforesaid sum along with interest @ 12%, totalling to Rs. 31,286. Since the defendants did not pay any heed to the notice, the plaintiffs had no option but to file the suit claiming damages on account of loss sustained by them as a result of negligence on the part of railway administration.