MULJI DHANJI SEIT Vs. SOUTHERN MAHRATTA RAILWAY COMPANY LIMITED, BY ITS AGENT AND MANAGER AT DHARWAR AND THE MADRAS RAILWAY COMPANY BY ITS AGENT AND MANAGER AT MADRAS

JUDGEMENT

(1.) The first question for determination in this appeal is whether on the facts found, the defendant companies are protected from liability by reason of the terms of the special contract described as a Risk Note Form B subject to which the plaintiff's goods were carried by the defendants. The contract is in these terms.

(2.) T.K. Station, 5--10--99.

(3.) Whereas the consignment of 162 bags grain tendered by me (us), as per forwarding order No. 4 of this date, for despatch by the S.M. Railway administration or their transport agents or carriers to Calicut Station and for which I (we) have received Railway Receipt No. 4 of same date, is charged at a special reduced rate instead of at the ordinary tariff rate chargeable for such consignment. I (we), the undersigned, do in consideration of such lower charge, agree and undertake to hold the said Railway administration and all other Railway administrations working in connection therewith and also all other transport agents and carriers employed by them respectively, over whose Railways or by or through whose transport agency or agencies the said goods or animals may be carried in transit from Tumkur Station to Calicut Station harmless and free from all responsibility for any loss, destruction or deterioration of, or damage to, the said consignment from any cause whatever before, during and after transit over the said Railway or other Railway lines working in connection therewith or by any other transport agency or agencies employed by them respectively for the carriage of the whole or any part of the said consignments. Signature of Sandu Basappa.