EAST INDIAN RAILWAY COMPANY Vs. AHMAD ALI MOHAMMAD

JUDGEMENT

(1.) THE plaintiff firm at Calcutta sent 127 bags of sugar weighing 349 maunds and 10 seers from the Kidderpore Docks, E.I. By., to the plaintiffs at Damoh, on the G. I. P. Ry. on 14-11-23, covered by a risk-note. On arrival of the consignment at Damoh only 116 bags were delivered to the plaintiffs, containing 319 maunds of sugar. Plaintiffs sued for the 32 maunds and 2 seers of sugar or its price, Rs. 661, with interest. The claim was denied though the loss was admitted, it being contended that the loss was not due to any negligence, wilful or otherwise, on the part of the defendants, or theft by defendants' servants; and the consignment being carried at owner's risk-note form B. plaintiffs were not entitled to recover.

(2.) THE case went to trial on the following issues: (1) Whether the defendants are protected and not liable for the non-delivery of 11 bags of sugar as alleged ? (2) Whether the risk note was executed by the plaintiff or his consignor. (3) Whether there was short weight of 2 maunds 32 seers of consignment delivered. If so, are defendants liable for it ? (4) Whether the rate of sugar was not Rs. 20 per maund. (5)Is the plaintiff entitled to interest ? (6)To what relief are the parties entitled ?

(3.) ON appeal it was found that 11 bags were lost between Tikori and Satna stations, and lost through the wilful negligence of the guard. The learned Judge apparently took the guard's statement at its face value, entirely ignoring Exhibit D. 2. The appeal was dismissed.