V.K.Mehrotra, J. - (1.) This is a plaintiff's second appeal whose suit for recovery of damages from the respondent was decreed in its entirety by the trial Court but the lower appellate Court modified that decree to an appreciable extent in favour of the defendant-respondent in an appeal by it.
(2.) On may, 19, 1966, the plaintiff handed over a consignment of pineapples to the Railways, owned by the defendant Union of India, for carriage to Allahabad at Trichur railway station. In the normal course, this, consignment should have reached Allahabad within five days of its delivery at Trichur. In fact, however, the consignment reached Allahabad on June 1, 1966 and it was found that the entire lot of pineapples had deteriorated and had become wholly rotten and unfit for use. This deterioration, according to the plaintiff, had been caused on account of the negligent handling of the consignment by the Railways. The Railways were, consequently, liable to compensate the plaintiff by paying to it a sum of Rs. 10,803/- as damages. The amount of damages was worked out as follows :- (i) Cost of 7515 pineapples, Rs. 6671.50 (ii) Transport and loading charges at the rate of Rs. 3/- per quintal paid at Trichur. Rs. 400.29 (iii) Railway freight paid in advance at Trichur. Rs. 2235.80 (iv) Travelling expenses of Sri D. C. Joshi, purchase officer of the plaintiff deputed to make purchases. Rs. 454.85 (v) Expenses incurred in unloading the consignment at Allahabad. Rs. 25.00 (vi) Cost of notice given to the defendant. Rs. 16.00 Rs. 10,803.44 The suit was contested by the defendant on various grounds. The defendant disclaimed any negligence on its part or liability for paving any amount by way of damages to the plaintiff.
(3.) The trial Court framed the necessary issues and came to the conclusion that the defendant had been negligent in the handling the consignment and had not taken reasonable care. It was, consequently, according to the trial Court, liable to pay damages to the plaintiff as claimed by it. It, therefore, passed a decree for recovery of a sum of Rs. 10,803/44 in favour of the plaintiff. The defendant assailed this decree in an appeal.;