FIRM CHANDRABHAN PRAKASHNATH Vs. EAST INDIAN RAILWAY COMPANY

JUDGEMENT

(1.) This is an application in revision by a plaintiff firm whose suit against the East Indian Railway Company has been dismissed by a learned Judge of the Small Cause Court.

(2.) It appears that a consignment of glass bangles consisting of six bundles was sent to the address of the plaintiff from Wadi Bunder in Bombay for delivery at Ferozabad. Out of the six bundles only four were delivered. It was with respect to the two bundles not delivered that the suit was brought for compensation.

(3.) The learned Judge found that at the Tundla Railway Station, the goods had been handed over to the East Indian Railway Company and that, therefore, the East Indian Railway Company would be responsible for the compensation. He, however, held that glass bangles of the value consigned were, under the law liable to be insured for their safe conveyance and that there being no insurance and there being no declaration of the value and the contents of the bundles the defendants were not liable.