Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Railway Loss of goods in transit Indian Contract Act 1872 Negligence of railway servants |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Railway—Loss of goods in transit—Negligence of railway servants—Liability— Indian Railways Act, 1890 (IX of 1890), s. 72—Indian Contract Act, 1872 (1X of 1872), S. 151.Certain goods consigned by a merchant to the respondent. Some of the goods were lost in transit. The respondent sued the railway authorities for damages for the loss on ground that the loss was incurred due to the negligence of the railway authorities. The defence raised was that loss occurred due to factors beyond the control of the railway authorities. The suit was dismissed by the trial court. On appeal the High Court reversed the judgment of the trial court and found that the loss was caused by the negligence and misconduct of the railway authorities in as much as the railway police failed to take precaution to sec that no body interfered with the goods.The Union of India appealed to the Supreme Court by way of certificate granted by the High Court. Held, that the responsibility of the railway under s. 72 of the Indian Railways Act is subject to the provisions of s, 151 of the Indian Contract Act and the Railway as a bailee was bound to take as much care of the goods bailed to it as a man of ordinary prudence would under similar circumstances. The loss having taken place due to the negligence of the railway servants the railway is liable for the loss incurred by the respondent. |
Judge | Hon'ble Mr. Justice Raghubar Dayal |
Neutral Citation | 1962 INSC 181 |
Petitioner | Union Of India |
Respondent | M/s. Udho Ram & Sons |
SCR | [1963] 2 S.C.R. 702 |
Judgement Date | 1962-05-01 |
Case Number | 581 |
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