RIVERS STEAM NAVIGATION CO. LTD. AND ANR. Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) A consignment containing 48 maunds Suji and 548 maunds of Atta was booked at Jagannath Ghat on the 20th June, 1948 to Dibrugarh by Messrs. Rivers Steam Navigation Co. Ltd. Defendant No. 1 and Messrs. India General Navigation and Railway Co. Ltd. Defendant No. 2 in their vessels. The consignor was M/s. Shaw Wallace and Co. Ltd. Defendant No. 3 and the consignee was the Deputy Commissioner, Lakhimpur, agent of the Plaintiff the State of Assam. The consignment was indented by the State of Assam for distribution as food -stuff and was valued at Rupees 8,687/8/ - according to the bill submitted by Defendant No. 3. On receipt of the consignment the Deputy Commissioner asked Messrs. Saligram Rai Chunilal Bahadur and Company, Sub -divisional Agent of Dibrugarh to take the delivery of the consignment on behalf of the State of Assam.

(2.) THE suit was resisted by Defendants 1 and 2 on various questions of law and facts.

(3.) MAINLY the Plaintiff's claim is cased on the fact that there was unusual delay in carrying the said consignment to its destination and further that there was negligence and carelessness on the part of Defendants 1 and 2 in not taking care of the consignment during transit, resulting in the consignment being damaged. The Appellants contend that the consignment was booked at Jagannath Ghat on 20 -06 -1948 reached Dibrugarh on 13 -09 -1948 and was off loaded to the Receiving flat on 16 -09 -1948.