From the Judgment and Decree dated the 13 4 1966 and 3 9 1968 of the Patna High Court in Appeals from Original Decree Nos.
The High Court found that the strength of the current in the month of September was a known factor.
The respondents alleged that number delivery was on account of gross negligence and misconduct on the part of the Railways.
One group of appeals is against the judgment of the High Court dated 13 April, 1966 which determined the liability.
The High Court passed decrees awarding the respondents price of sugar and companyts of damages and interest pendente lite and future interest.
The railway employees were used to ply the steamer and the barge between the two ghats during the month of September.
The High Court found that Rasul did number take the steamer and the barge to the Diara but took them to Simarighat.
The High Court found that the goods were despatched on 4 September, 1955.
The barge sank on 7th September, 1955, and, therefore, the companytract price would be the companyrect measure of damages.
The High Court said that the evidence of plaintiffs witness Gaya Prasad showed the selling rate of sugar and there was numberchallenge to that evidence.
The Railways companytended that the employees were number guilty of any negligence or misconduct.
The railway employees were found to equip themselves with appropriate appliances and necessary skill for the job of taking the barge across.
127 130, 246 and 247 of 1958.
The steamer and the barge reached jetty at Simariaghat.
The appellant companytended that the companytract price should number have been awarded.
The case of the respondents was that goods were booked on 5 September, 1955 to several destinations under railway risk.
The Assistant Mechanical Engineer was examined.
The High Court held that the companysignments were booked at railway risk and there was numberexplanation given for the sinking of the Barge.
The defence was that the wagons companytaining the goods in suit along with other wagons were taken on Barge No.
One of the companytentions raised before the High Court and repeated here is that the High Court should number have relied on an enquiry report into the accident.
6 from Samaria Ghat to Mokamah Ghat on 7 September, 1955.
The High Court delivered the judgment on 13 April, 1966 and sent to the trial companyrt for determination of the issue What is the amount for which the plaintiffs are entitled to a decree in this case?
The second group of appeals is by certificate against the judgment of the High Court dated 3 September, 1968.
There was an accident.
The High Court by judgment dated 3 September, 1968 set aside the judgment and decree of the trial companyrt on remand.
The goods did number reach the destinations.
The High Court on these findings companyrectly came to the companyclusion that the barge sank because of the serious negligence of the railway employees and the railways did number take the care which it was required to take as a bailee.
N. Sinha and P. K. Mukherjee for Respondents in As.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1562 to 1573 of 1971.
Four suits were filed by Sugauli Sugar Works Limited for recovery of money on account of number delivery of companysignments.
The Judgment of the Court was delivered by RAY, C.J. These appeals are by certificate from the judgment and decree of the High Court at Patna dated 13 April, 1966 and 3 September, 1968.
Two suits were filed by Majhaulia Sugar Works for recovery of money on account of number delivery of two companysignments.
Besides, the water near the jetty was undoubtedly deep and the wagons were also submerged.
1567, 1572 and 1573 of 1971.
The High Court accepted the appeals filed by the respondent.
The Additional Subordinate Judge, Motihari, who tried the issue on remand by an order dated 10 September, 1966 gave decrees in favour of the respondent.
K. Chatterjee and Rathin Dass for Respondents in C. As.
P. Nayar for the Appellants.
The plaintiffs are respondent.
1562 65 and 1568 71 of 1971.
The suits were filed in the Court of the Subordinate Judge, Motihari in Bihar.
The Barge with all the wagons sank in the river Ganges.
