- (1.) This second appeal has been filed by the State of Rajasthan (plaintiff-appellant) against the judgment and decree dated 11-5-1982 passed by the Dist. Judge, Dungarpur in Appeal No. 38/79 by which he dismissed the appeal of the appellant-plaintiff and upheld the judgment and decree dated 28-9-1979 passed by the learned Civil Judge, Dungarpur by which the learned Civil Judge dismissed the suit filed by the plaintiff-appellant against the respondents-defendants.
(2.) It arises in the following circumstances: That the State of Rajasthan (Plaintiff-appellant) filed a civil suit against the defendants-respondents in the Court of Civil Judge, Dungarpur on 1-7-75 stating that the defendant No. 1 was registered firm and defendant Nos. 2 and 3 were its partners and they were dealing in transport business. (ii) That the plaintiff-appellant booked a truck of the defendants for supplying pipes from Dungarpur to place Anjana in Dist. Banswara on 10-7-72 and Bilty of booking is numbered 1095 dated 10-7-72. The number of the truck which was carrying the pipes was RJJ 451. The pipes were loaded on the truck. When the truck was on the way towards Anjana, an accident took place and the truck capsized because of rash and negligent driving of the driver of the truck as a result of which some goods loaded in the truck were damaged, meaning thereby that some pipes of the plaintiff-appellant were got damaged. The defendants-respondents delivered sound pipes at Anjana, but damaged pipes were transported back to Dungarpur and stacked at the godown of the defendants-respondents. It was duty of the defendants-respondents as per provisions of Carriers Act, 1865 (hereinafter referred to as the Act of 1865) that the goods which were loaded in the truck of the defendants-respondents should have been allowed to reach safely and in good condition at destination and since pipes were got damaged, therefore, the defendants-respondents were liable for that damage caused to the plaintiff-appellant because of the accident.
(3.) A notice under Section 10 of the Act of 1865 was also given by the plaintiff-appellant to the defendants-respondents. According to the plaintiff-appellant, the cost of damaged pipes was assessed at Rs. 6182 and thus, the plaintiff-appellant filed a suit for recovery of this amount against the defendants-respondents.;