M/S. ASSAM COLD STORAGE CO. Vs. THE UNION OF INDIA (UOI)
HIGH COURT OF GAUHATI
M/S. Assam Cold Storage Co.
THE UNION OF INDIA (UOI)
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P.K. Goswami, C.J. -
(1.) This second appeal is directed against a judgment of reversal passed by the learned Additional District Judge, Gauhati, dismissing the Plaintiffs suit for compensation of a sum of Rs. 3728.25 nP. on account of damage of a consignment of onions booked on the railway.
(2.) A consignment of 351 bags of onions was booked on 1 -4 -1962 at Lasalgaon railway station for carriage and delivery at Tinsukia railway station on the North East Frontier Railway under railway receipt No. 928395 of the same date (under Invoice No. 1). The goods were delivered to the Plaintiff in damaged condition and a certificate to that effect was given by the railway at the time of delivery. After appropriate notices under, Sec. 78B of the Indian Railways Act and Sec. 80 of the Code of Civil Procedure, the suit was instituted by the Plaintiff -company in the Court of the Subordinate Judge at Gauhati although the goods were delivered at Tinsukia, the destination station. The Defendant Union of India, representing North East Frontier Railway, has denied the claim.
(3.) The learned Additional District Judge dismissed the Plaintiff's claim on the following grounds: firstly, he held that the Gauhati Court had no jurisdiction to try the suit in view of the provisions of Sec. 80 of the Railways Act; secondly, on the merits he held that the Plaintiff failed to prove any misconduct or negligence on the part of the railways and hence it was not entitled to damages; thirdly and lastly, he held that the Plaintiff could not prove the extent and quantum of damage to entitle it to the decree.;
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