UNION OF INDIA Vs. SHANTILAL NANCHAND JAIN

JUDGEMENT

(1.) THIS is an appeal by the defendant, Union of India, representing the Central railway Administration, against the decree for damages.

(2.) THE suit, out of which the appeal arises, was instituted by the plaintiff for recovery of Rs. 925-12-0 as damages for loss of goods. Plaintiff had booked a parcel of 77 cotton sarees at Burhanpur on 27th February 1952, for delivery to self at Kurvai Kathora. The consignment reached Kurwai Kathora on 3rd March 1952, and was deposited on open platform near the verandah of the Railway Station. The parcel was stolen in the night of 6/7-3-1952. The Courts below allowed the claim to the extent of Rs. 911-11-0.

(3.) THE following points were urged: 1. That the railway had taken due care of the consignment in the circumstances of the case; and 2. That the railway is absolved from liability under Rule 29, Part I-A, of the Goods Tariff.