JUDGMENT - (1) This is a First Appeal by the original plaintiff Ramkrishna Ramnath shop, whose suit against the Union of India, represented by the Eastern Railway, Central Railway and the Southern Railway, for damages amounting to Rs. 15,047 in respect of damage said to have been caused to 54 bags out of the bags of tobacco delivered by the plaintiff to the Southern Railway at Nipani for carriage to Tumsar Road, was dismissed by the Additional District Judge, Bhandara. The learned Additional District Judge accepted the plaintiffs case that 54 bags of tobacco had been damaged, and according to him the value of damage was Rs. 13,808-6-6 only and not Rs. 15,047 as claimed in the plaint. But holding that the plaintiff has failed to prove either misconduct or negligence on the part of the railways, the learned Additional District Judge dismissed the suit. The plaintiff has now come up in appeal and challenges the finding of the Additional District Judge that the plaintiff has failed to prove either misconduct or negligence on the part of the railway. The learned counsel for the appellant accepts the finding of the trial Court that the damage was to the extent of Rs. 13,808-6-6 only.

(2)

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