MUKUNDAKAM SHARMA, J.

( 1 ) THIS appeal is preferred by the appellant contending, inter alia, that the learned Additional District Judge in his judgment and decree dated 27th July, 1981 erred in law in holding that the plaintiff is only entitled to recover damages on the basis of the assessment made by the railway about the loss and also in holding that the plaintiff is not entitled to interest under any law. According to the appellant/plaintiff the appellant is entitled to recover damages on a higher rate than what is assessed by the railway and also for payment of interest on the entire amount, which is awarded as damages.

( 2 ) THE appellant herein, as plaintiff, filed a suit for recovery of Rs. 84,570/- along with interest both pendente lite and future. The plaintiff filed the aforesaid suit contending, inter alia, that the plaintiff through their Bombay office tendered a consignment comprising 12 bales containing Indian Sewing Thread weighing 25. 10 quintals to the Western Railway for onward despatch to New Delhi under Invoice dated 8. 11. 1974; that the plaintiff sought booking of the said goods under quick Transit Service system and was booked at the railway risk rate; tha

Click Here to Read the rest of this document