KALLU SINGH Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This is an application in revision by the plaintiff in a suit for damages in the Court of the Small Cause Court Judge at Agra. The applicant despatched two consignments of sirki from Belanganj to Antri on the G.I.P. Railway. Bach consignment was contained in a wagon, and it is an admitted fact that the consignments safely reached their destination. It appears however that the consignments were unloaded at Antri station and while the goods were lying there within the station premises, they somehow caught fire. On these facts the applicant brought a suit for damages against the defendant company, the G.I.P. Railway, through the Secretary of State for India. Several pleas were taken in defence, and the learned Small Cause Court Judge framed no less than eight issues including one to the following effect: Whether the defendant is guilty of any negligence or misconduct?

(2.) One of the pleas taken by the defendant company was that Risk Note "B" afforded a complete protection to the company against all loss caused by fire. That plea was made the subject of another issue which runs as follows: Whether Risk Note "B" protects the railway?

(3.) The learned Judge has recorded a judgment in which he has apparently dealt with all the issues from 2nd to 8th, but as a matter of fact he has dismissed the suit purely on the ground that the Risk Note "B" under which the consignments in question were despatched afforded complete protection to the defendant company against all loss caused by fire. Hence this application in revision. The simple argument on behalf of the applicant is that the learned Judge has totally misinterpreted the language of Risk Note Form "B" under which the consignments in question wore despatched. The relevant portion of the Risk Note runs as follows: ...in consideration of such lower charge, agree and undertake to hold the said railway administration harmless and free from all responsibility for any loss, destruction or deterioration of, or damage to, the said consignment from any cause whatsoever, except upon the proof that such loss, destruction, deterioration or damage arose from the misconduct of the railway administration's servants.