JUDGMENT

S.S. Dhavan, J. - This is a second appeal by the Union of India (Department of Railways) from the concurrent decisions of the courts below decreeing the plaintiff-respondents 'suit for compensation for damages to goods caused in transit. The facts very briefly are these.

2. The plaintiff-respondent M/s Nathi Mal Mahabir Prasad is a joint Hindu family firm doing business at Etawah. On 26-7-53 a consignment of 200 bags of sugar was entrusted to the Railway at Ghughli station for delivery to the plaintiff firm at Etawah. The goods arrived at Etawah on 17th August 1953 in a damaged condition. On that very date the Station Master Etawah sent the following wireless message to the Chief Commercial Superintendent, Varanasi; "200 BAGS SUGAR CORRECT BUT ALL BAGS BADLY WET BY RAIN WATER. THREE BAGS SHORT. . . ." The Station Master did not issue the usual certificate of damages and shortage to the plaintiff firm till 27-9-1953. On that date he issued the prescribed certificate on a printed form that the extent of damage was Rs. 5/8/- per bag. On that very day the firm took delivery of the goods and removed them from the Railway Station. It then filed a claim for compensation under Sec.