UNION OF INDIA Vs. JETHABHAI JESINBHAI PATEL AND CO

JUDGEMENT

(1.) This appeal is by the defendant railway against a decree far money passed in favour of the plaintiff-respondent.

(2.) Two hundred twenty-nine bags of biri tobacco were booked from Desar Road on the G. B. S. Railway for Chakradharpur on the then B. N. Railway under Risk Note A. On arrival at Chakradhnrpur, 159 baps, out of 229 bags consigned, were found wet, and the total weight of these wet bags of tobacco was found to be 43 maunds 4 seers. The plaintiff, therefore, claimed damages for this amount of damaged tobacco after deducting what the plaintiff company had been paid by the railway.

(3.) The suit was contested by the railway, and the main defence, with which we are concerned in the present appeal, is to be found in paragraph 7 of the written statement. It was stated by the defendant that Rs. 4,310.00 was paid to the plaintiff after due certification of the rates and strictly with- out any prejudice to Railway rights; and moreover, the offer was made in full and final settlement of the plaintiff's claim, and the plaintiff, having cashed the cheque in acceptance thereof, was estopped from claiming any more, and, therefore, the plaintiff's suit was liable to be dismissed on this score alone.