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1968 Supreme(Mad) 396

K.SRINIVASAN, R.SADASIVAM
Union of India owning the Southern Rly. represented by the General Manager, Madras, – Appellant
Versus
Seyadu Beedi Co. and another – Respondent


Advocates:
In Appeal No. 38/62 :-K. C. Jacob, S. K. L. Ratan and R. Vendantham, for Appellant; R. Gopalaswami Iyengar and T. R. Mani, for Respondents. In Appeal No. 401/62:-K. C. Jacob, S. K. L. Ratan, for Appellant; S. M. Amjad Naina and S. M. Abdul Khadar, for Respondents.

Judgement

SADASIVAM, J. :- The Union of India owning the Southern Railway, represented by the General Manager, Madras, has preferred these appeals against the common judgment in O. S. Nos. 5 of 1959 and 56 of 1960, on the file of the Subordinate Judge's Court, Tirunelveli, decreeing the claim for damages made by the plaintiff (in each of the suits). It is an undisputed fact that the respondent in each of the appeals consigned beedi parcels with the appellant-railway on 17th September, 1957 for being transported to Colombo and that the goods were drenched by water and damaged on 17th September, 1957, the very day on which they were loaded on the ship "S. S. Irwin" belonging to the appellant-railway. The learned Subordinate Judge Tirunelveli, negatived the pleas put forward by the appellant and decreed the suits for damages.

2. Sri S. K. L. Ratan appearing for the appellant in these appeals argued the appeals mainly on the question of limitation and also to some extent on the question whether there was negligence and misconduct on the part of the railway to make them liable for damages.

3. On the merits of the case, we see no sufficient ground to differ from the finding of the trial Cou










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