UNION OF INDIA Vs. CHOTELAL SHEWNATH RAI

JUDGEMENT

(1.) This second appeal by the defendant is directed against the judgment and decree of the Additional District Judge, Jamshedpur, Singhbhum, setting aside the judgment and decree of the trial Court and decreeing the suit of the plaintiff-respondent claiming compensation of Rupees 8,679.26 P. on account of short delivery of consignment of groundnut oil which was booked from Kharsalia Railway Station to Tata Nagar.

(2.) Facts giving rise to this appeal are that a consignment of one tank wagon of 565 maunds 16 seers = 211 quintals of groundnut oil was booked from Kharsalia railway station on 7-3-1962. When the consignment reached the destination station at Tata Nagar, it was found that the tank wagon was leaking. Delivery was taken by depth measurement. After delivery the groundnut oil was weighed and it was noticed that 112 maunds 35 seers and 5 chhataks of the groundnut oil was missing. Hence the plaintiff who is the consignee of the goods filed the suit after the service of necessary notice.

(3.) The suit was resisted by the defendant representing several railway administrations on the ground that 565 maunds and odd of groundnut oil was not consigned in the tank wagon from the despatching station; that the consignment was loaded by the sender; that the wagon was leaking slightly; that there was no appreciable shortage in the quantity of oil delivered to the consignee and that there was no negligence or misconduct on the part of the railway administration in carrying the consignment from Kharsalia to Tata Nagar.