UNION OF INDIA Vs. FIRM MUNNALAL PASARI AND SONS
LAWS(MPH)-1967-12-9
HIGH COURT OF MADHYA PRADESH
Decided on December 21,1967

UNION OF INDIA (UOI) THROUGH GENERAL MANAGER, C.R.V.T., Appellant
VERSUS
MUNNALAL PASARI Respondents

JUDGEMENT

- (1.) THIS is an appeal by the Union of India as representing the Central Railway directed against the decree of the Additional District Judge. Satna, dated 29th february 1964, reversing the decree passed by the Civil Judge, Class II, Satna, dated 22nd December 1959.
(2.) BRIEFLY stated, the facts of the case, are: The plaintiffs brought a suit for recovery of Rs. 1222. 08 P. as damages caused to a consignment of black tin plates by the negligence and/or misconduct of the employees of the Union of india. The consignment was loaded by the consignor on 30th August 1957, at the tin plate Siding. Tata Nagar, on the South-Eastern Railway, which was the contracting railway, in a wagon indented for by him. The consignment was carried in N W T wagon No. ER 5908 under R/r No. 521447 dated 30th August 1957, to the Satna Railway Station on the Central Railway for delivery to the plaintiffs. The unloading of the goods was in the consignee's presence and the seals were admittedly found intact at the destination. There is no dispute that there was no transhipment of the goods anywhere during transit over the different Railways, but when the wagon was opened at the destination, it was found to contain water. As per Damage Certificate. Exhibit P-2, the extent of damages to the tin plates was estimated at Rs. 1222-08 P. On these facts, the first Court dismissed the claim against both the Railway Administrations, but the suit has been decreed against the Central Railway in appeal.
(3.) THE appellant, Union of India, firstly contends that the liability of the Railway administration concerned, was undoubtedly the liability of a bailee of the goods under Sections 151, 152 and 161 of the Indian Contract Act, but there was no kind of special duty to provide for a waierfight wagon. There was no specification by the consignor that a wagon of particular type was wanted. The person loading the wagon. G. P. Bose (P. W. 3) does not suggest that the wagon was not in a good condition. On the contrary, G. P. Bose admits that the wagon supplied was "as per indent. " The loading of the tin plates was by the consignor at its Tin Plates Siding and there was no protest that a wrong type of wagon had been supplied. The tin plates were admittedly carried by a covered wagon.;


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