AIR 1995 ORISSA 298 ::(1995) 1 Orissa LR 386 ::(1996) ACJ 593

Orissa High Court

Hon'ble Judge(s): S. K. Mohanty , J

Railways Act (9 of 1890) , S.73, S.74— Damages - Claim for - Based merely on Railway receipt / shortage certificate issued by railways - Not tenable - Plaintiff must prove actual loss or damage. The shortage / damage certificates issued 'without prejudice' meaning without prejudice to the railways' liability. Such certificates cannot be construed as admission of negligence / misconduct by the railway in dealing with the consignments much less as acknowledgment of liability. They merely show the condition of goods at the time of delivery by the railways and by themselves are no proof either of the quantity or condition of goods at the time of booking. In order to fasten liability on railways for shortage / damage, the plaintiff must first prove actual loss or damage and then shortage / damage certificate is to be looked into for determining the measure of damages. In the instant case it was incumbent on the plaintiff to lead evidence as to the quantity of cement bags loaded and their conditions at the time of loading. Railway receipts and shortage / damage certificates are no substitutes for such evidence. That being so, even if it is accepted that quantity of cement bags as claimed by the plaintiff has been indicated in the railway receipts, basing merely on the shortage / damage certificates, it cannot be said that the plaintiff has proved the actual loss o....