1. This is an appeal against the judgment of Raj Kisore Prasad, J. in First Appeal No. 480 of 1956. The plaintiff brought a suit for damages against the Union of India for deterioration of the consignment of the plaintiff despatched from Harinagar Sugar Mills to Tatanagar. It is said that when the consignment was received at Tatanagar, it was found damaged, 75 bags by rain water in the first wagon and 8 bags by difference in weights in the second wagon. It is not necessary to refer in detail to these matters, as the present appeal is confined to a narrow question which is to the effect as to whether the amount of damages allowed to the plaintiff by the Court on the basis of the prevailing rate of prices for the consignment concerned at the place of destination should include the railway freight or not. The learned Single Judge has excluded the railway freight from the prevailing market rate. The market rate has been accepted as being Rs. 29-12-10. It has been calculated that Rs. 28-3-4 per maund would be the net market rate and Rs. 1-9-6 would comprise the railway freight etc. The learned Single Judge has allowed damages at the rate of Rs. 28-3-4 in respect of the quantity