ASHIM KUMAR BANERJEE, J.

(1.) The appellant booked a consignment of six hundred bags of Flour on May 4/5, 2000 under Invoice No. 180/330477 ex. Varanasi to Chitpur. It further transpires from the record that the consignment was loaded in the railway wagon directly from the truck without having any supervision of the Railway Authorities. The wagon was also selected by the consignor himself. Normally from Varanasi to Chitpur a consignment was due to arrive within five days whereas it was delivered at the destination after forty five days as there had been inordinate delay in arrival of the wreck. At the destination the consignment was found to be in damaged condition. Survey was conducted which revealed that the Flour was packed in old and mutilated bags and out of six hundred bags, eighteen bags were found having mark of dry water at the bottom layer. Those eighteen bags were found at the middle of the wagon. The wagon was examined by the Railway Authorities. They did not find any apparent leakage. The appropriate authority certified the consignment not fit for human consumption but for cattle feeding. Appellant filed a claim which was contested by the Railways. The Railwa