SECY OF STATE Vs. DHOKALMAL MAHADEB LAL

JUDGEMENT

(1.) This is an appeal by the Secretary of State for India in Council and arises out of an action which was brought by the respondent firm as owner of the goods consigned for compensation against the East Indian Railway Company to whom the goods wore delivered for carriage from Burdwan to Barakar Station of the said railway. It appears that 21 casks of mustard oil were despatched from Burdwan on 27 December 1921 for delivery to the plaintiffs at Barakur. The goods were despatched on a reduced freight and a risk-note in form B was executed. Plaintiffs case is that the railway company did not deliver six out of 21 casks of oil consigned to thorn and these casks could not be delivered owing to the misconduct of the railway administration or their servants. The plaintiffs claimed Rs. 1,206 as compensation for the loss they sustained.

(2.) The Secretary of State was made de-fondant 2 to the action as the railway administration of the East Indian Railway Company was taken over by the Government. The defence, which , is material for the purposes of this appeal, is that the defendants are protected from liability under the terms of the new risk-note form B which limits the liability of the railway administration and exonerates them from all liability for any loss, destruction or deterioration of or damage to the consignment from any cause whatever except upon proof that such destruction, deterioration or damage arose from the misconduct of the railway administration's servants. This defence prevailed with the Subordinate Judge who dismissed plaintiffs action.

(3.) An appeal was taken to the District Judge of Burdwan who has reversed the decision of the Subordinate Judge and has decreed a substantial part of the plaintiffs claim.