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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Sunrise Traders – Appellant
Versus
Union Of India, GM, NF Rly, Maligaon, Guwahati, Assam – Respondent
JUDGMENT :
(SUSMITA PHUKAN KHAUND, J.)
1. The appellant in this case is M/s Sunrise Traders and the respondent is The Union of India represented by the General Manager, NF Railway.
2. Heard learned counsel Mr. D. Rathi for the appellant and learned Special Senior Railway Advocate, Ms. U. Chakrabarty for the respondent.
3. The appellant's case in brief is that on 21.05.2010, by Invoice No. 118, and Railway receipt No. 212051816, 883 packets of potatoes weighing 45 kgs each were booked from (Delhi Kishanganj) DKZ to (New Gauhati) NGC. At destination, it was found that the potatoes in the packets were damaged and rotten and unfit for human and animal consumption. The potatoes got damaged owing to the delay in delivery and the respondent was thus liable to pay compensation. Moreover, Railways collected Rs. 9,500/- towards demurrage charge and the appellant is entitled to realize the demurrage charges from the respondent. 883 packets containing 4 quintals of potatoes were valued at Rs. 1,200/- per quintal and the respondent is thus liable to pay a compensation of Rs. 4,80,000/-.
4. On finding the potatoes in utterly damaged condition, the appellant submitted their claim for non-delivery of g
The court confirmed that timely notice under Section 106 of the Railways Act is essential for claiming damages, while emphasizing shared liability between consignor and Railway for delays affecting p....
Railway administration can be held liable for damages in transit even under owner’s risk terms if negligence is proven, particularly regarding perishable goods.
The burden of proof for negligence in non-delivery lies with the consignor when goods are transported at owner's risk rate.
The Railway Administration is liable for non-delivery of goods delivered to unauthorized persons, confirming the Tribunal's jurisdiction and the legal obligations under the Railway and Contract Acts.
A railway administration is liable for negligence if it fails to deliver goods and does not provide proper notice before auctioning them.
The railway administration is liable for damages unless proven otherwise, even when consigned goods display inherent defects during transit.
Railway authorities cannot evade liability for non-delivery of goods despite legal seizure unless they demonstrate reasonable foresight and care; negligence in informing the claimant about the seizur....
Notice under Section 106 was issued to the General Manager within the stipulated period of six months and as such there cannot be any violation of rule and the delay is inconsequential.
An endorsee of a railway receipt, by virtue of the endorsement alone, is not entitled to maintain a suit for the loss against the railway.
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