UNION OF INDIA Vs. CHATURI LAL

JUDGEMENT

(1.) THIS is a second appeal by the Union of India against whom a decree for Rs. 1052/10/- was passed by the Munsiff, Dholpur and upheld in first appeal by the Civil Judge, Dholpur.

(2.) THE plaintiff-respondent's case as set out in the plaint is that on 13-9-1958 he booked by rail Ex. Gangapur City to Sirmathura 7 bags of barley, 109 bags Bajra and 124 bags of wheat. THE consigned goods should have, in the ordinary course, reached Sirmathura in a week or so, but as a matter of fact they were delivered at Sirmathura after about a month on 12-10-1958. It was found at the time of open delivery of goods that there was shortage of 8 Mds. 31 Srs. of wheat and considerable quantity of grain had been spoiled. It was alleged that the assessment of damage was made at the time of delivery according to which the loss caused to the plaintiff was estimated at Rs. 1075. 75 paisa. On correspondence with the appellant, it is alleged that the plaintiff was offered Rs. 135. 43 paisa only in full and final settlement of the claim which was however refused by the plaintiff. After serving a notice under sec. 77 of the Indian Railway Act and sec. 80 Civil P. C. the plaintiff brought the present suit for Rs. 1152/- inclusive of interest and notice charges in the Court of the learned Munsiff, Dholpur on 14-11-1959. THE Union of India resisted the suit and pleaded that the plaintiff was not entitled to get more than Rs. 135. 43 paisa on account of shortage in delivery of the consigned goods.