K.B.N.SINGH, PADMANABHAN
Hindustan Machine Tools Ltd. and Others – Appellant
Versus
Union of India and Another – Respondent
Whether S.80 of the Railways Act as amended excludes the operation of S.20 of the Civil P.C. and Cl.12 of the Letters Patent?
The question has arisen for consideration in the following circumstances. The first plaintiff is a company incorporated under the Companies Act, having the registered office at Bangalore and carrying on business at Kalamassery, Ernakulam. The second plaintiff is a registered society carrying on business at P.W. Satsung Bihar. The third plaintiff is the insurer who has settled the claims of the second plaintiff and got subrogated to the rights, having its registered office at Madras. A consignment of one case containing HMT printing machine Letter Press Atesa/RTE 1052, was entrusted by the first plaintiff to the first defendant Southern Railway administration at Cochin Harbour terminus for being delivered to the second plaintiff at Baidyanath Dam within the jurisdiction of the second defendant, the Eastern railway. At the time of unloading at the place of destination the machine fell down while being lifted and sustained heavy damage. The plaintiffs attribute the damage to the negligence on the part of the railway Administration and have according
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