EAST INDIAN RAILWAY COMPANY, LIMITED, Vs. JANKI PRASAD

JUDGEMENT

(1.) This is an appeal by the East Indian Railway Company, defendant No. 2, arising out of a suit for compensation for loss of sugar and for damages. It appears that on the 15 of May 1919, 125 bags of sugar No. 6713, invoice No. 2 were despatched from Kantapukar station on the East Indian Railway to Gwalior station on the Great Indian Peninsula Railway. A person said to be named Chhote Lal, purporting to act on behalf of the consignor, despatched these goods at Kantapukar station. The wagon containing the consignment was transferred at Manikpur and arrived at Gwalior on the 28 of May 1919. It is the case of both the parties that when the wagon arrived at Gwalior the seals were found intact, indicating that there had been no pilfering in transit. The goods were unloaded and placed in the goods shod for some 2 days before they were delivered to the plaintiff. At the time of delivery, however, it was found that many of the bags were out and a good part of the sugar had disappeared and there was a shortage of about 83 maunds and odd in quantity.

(2.) The plaintiff claimed Rs. 1,841-6-0 as compensation for the sugar lost and Rs. 240 as interest and damages on the said amount.

(3.) The pleas taken by the two Companies in substance were that the goods despatched had been defectively packed so as to be liable to damage, leakage or wastage in transit, and the Risk Note Form A had been taken. They had also been despatched at a reduced rate under Risk Note Form B. It was, therefore, pleaded that under no circumstances the plaintiff was entitled to any damages for the loss inasmuch as no complete package had disappeared, and that there was no wilful negligence on the part of any of the Railway Companies.