UNION OF INDIA Vs. BANSHIDHAR PRASAD

JUDGEMENT

(1.) This is a defendant's appeal. It arises out of a suit instituted by the plaintiffs against the Dominion of India for damages for the loss suffered by the plaintiffs.

(2.) The case of the plaintiffs, briefly stated, is as follows: On 4-7-1947, the plaintiffs booked 263 tins of refined ground-nut oil and 253 tins of vegetable ghee which were loaded in a wagon, from Gane Floor Mills Siding at Cawnpur to Arrah. Both these stations were at that time under the administration of the East Indian Railway. When the consignment reached the destination, it was found that 7 tins of ground nut oil were cracked in the middle and were empty, 32 tins were entirely empty and 12 tins were leaking through joints and were partly empty. It was also found that 4 tins of vegetable ghee were leaking and partly empty. The total shortgage of the ground-nut oil came to be 1 maund 34 seers and that of vegetable ghee to 26 seers. The plaintiffs alleged that the loss to the consignment was due to misconduct on the part of the servants of the Railway Administration and, therefore, they instituted the present suit for recovery of Rs. 1772-0-3 as being the cost of the loss of ground-nut oil, vegetable ghee and profit and expenses.

(3.) The pleas taken by the defendant which are relevant for the present appeal are that the consignment was not packed in accordance with the instructions Had down in the tariff rules, that as it was booked at "owner's risk", there was no liability on the Railway Administration and that there was no misconduct on the part of its servants.