BHASKAR KHULBE Vs. SATWANT SINGH

JUDGEMENT

(1.) Briefly the facts are that the complainant was posted as District Magistrate, Jalpaiguri. He was transferred from Jalpaiguri to Delhi. After getting relieved from the post, he entrusted 62 packets of household goods at District Magistrate's residence, Jalpaiguri on 10th May, 1992 to Shri Kripa Shankar Singh, Driver of Truck No. MKW 7853 sent by M/s. Vishwa Karma Road Carriers (hereinafter referred to as the Carriers) vide certificate issued by the District Magistrate, Jalpaiguri dated 10th May, 1992 for transportation to Delhi. It is alleged that no receipt in respect of that consignment was issued by the Carriers at that time and that it was prepared by them on llth May, 1992 and handed over to the complainant on 17th May, 1992.

(2.) It is further pleaded, that at the representation of the carriers that there was risk of theft and dacoity on way, two armed constables C/154 Sonam Sonar and C/374 Manoj Kumar Sinha were detailed to accompany the truck from Jalpaiguri to New Delhi. The carriers also loaded on that truck at Siliguri goods belonging to Maj. S. K. Tarnach for transportation to Delhi. He also detailed L/nk Satbir Singh on the truck for ensuring safety of goods en-route.

(3.) The goods cought fire near Rania within Akbarpur Police Station in Kanpur Rural District, U. P. , while the truck was moving. On account of the fire the goods of the complainant were burnt. It is alleged that some packets were also found missing. It is also alleged that the complainant had not put any inflammable article in the consignment, and that due to the fire he suffered a loss of more than Rs.2 lacs.