BHOLARAM SHIBDHAN, FIRM Vs. GPVERMPR-GENERAL IN COUNCIL

JUDGEMENT

(1.) This appeal is by the plaintiff from a decision of the Additional Subordinate Judge of Dhanbad confirming a decision of the Munsif of the same place dismissing the suit of the plaintiff for damages against the Governor-General in Council for short delivery of goods consigned to a railway.

(2.) The suit was for recovery of Rs. 1,287-1-0 as damages. A consignment of 40 drums of cocoanut oil and 11 bags of turmeric had been consigned from Nimtala railway station on the B. & A. Railway to Magma railway station lying on the E.I. Railway. At the time of taking delivery of the consignment, it was detested that 4 casks containing the cocoanut oil had been cut and as a result of this there was a shortage of 20 maunds 8 seers of cocoanut oil. The delivery was taken by the plaintiff under a qualified receipt. The plaintiff sent notices under Section 77, Railways Act, to the various authorities as also. a notice under Section 80, Civil P.C., addressed to the Secretary, Central Governments New Delhi, claiming damages for short delivery of 20 maunds 8 seers of cocoanut oil.

(3.) The trial Court held that the plaintiff had succeeded in proving that loss of the consignment had been occasioned by the negligence and misconduct of the railway authorities, and the plaintiff, it was held, was entitled to be compensated for the loss, lb was also found that the amount claimed as damages was quite fair and reasonable. It, however, disallowed interest. As it held that the notice under Section 80, Civil P.C., served in this case was not addressed to the Governor- General in Council and as such it was bad, the suit of the plaintiff was dismissed for want of proper and legal notice under Section 80.