BALASORE TEXTILE DISTRIBUTORS ASSOCIATION Vs. INDIAN UNION B N RLY

JUDGEMENT

(1.) This is an appeal from the judgment of the Additional Subordinate Judge, Balasore, dismissing a suit brought by the appellant-plaintiff for recovery of compensation from the respondent --railway administration --for short delivery of goods. The plaintiff-appellant is a partnership firm.

(2.) On 25-10-48 a consignment of 20 bales of cotton waste blankets was despatched by a firm in Bombay known as Sukhdeolal Ramnibas from Wadi Bandar addressed to the District Magistrate of Balasore, under Invoice No. 18 and R.R. No. 8117/58 dated 28-10-48 (Ext. A). This was despatched in Wagon No. 5999 E. I. Railway which in due course arrived at Balasore. The R/R was handed over to the plaintiff by the District Magistrate and, on its production, the plaintiff obtained delivery of the consignment on 15-11-48 from the Goods Office of the Railway at Balasore. It was noticed, however, that 11 bales were missing from, the consignment. Thereupon, on 8-12-48 the plaintiff informed the Claims Officer, B, N. Railway, Calcutta about the non-delivery of the consignment and claimed compensation of Rs. 9031-11-0 (Ex. 3). The Railway acknowledged receipt of the claim; (Ex. 1 dated 14-1-49) and stated that "the matter is receiving its attention". After some reminders, the plaintiff was informed by the Superintendent of Claims, B. N. Railway, on 17-6-49 (Ex. 4) that the loss of goods booked took place during a running train theft and consequently the railway was not liable to make good the loss. Hence the Railway repudiated the claim for compensation. The plaintiff brought the present suit on 15-3-50.

(3.) Before the lower Court the parties went to trial on the following main issues: