AI Structured Summary
Not yet generated for this judgment
Judgment
K. Sreedhar Rao, J.—This appeal against the judgment and decree in OS No. 5382 of 1992 on the file of Additional City Civil Judge, Bangalore. The Appellant is the Plaintiff filed a suit for recovery for short delivery of the goods valuing Rs. 6,800/- and odd. Including the interest, the Plaintiff has claimed totally a sum of Rs. 13,493/-. The Defendant is the common carriage entrusted with 10 cases of agarbathis for delivery to M/s. Mahaveer Stores, Sibsagar, Assam. Ex.P.7 is the invoice relating to the consignment for transportation. Almost six months after the entrustment, the goods were delivered to the consignee. There was short delivery of 5 cases. Ex.P.6 is the slip given by the Defendant indicating short delivery. Ex.P.8 is the letter written by M/s. Mahaveer Stores to the Plaintiff informing short delivery and also refers to Ex.P6 issued by the Defendant.
The trial Court upholds the case of the Plaintiff regarding entrustment of the goods and short delivery but finds that the suit is barred by limitation on the ground that Article 11 of the Limitation Act apply to the facts of the case.
The Ruling of the Supreme Court in Bootamal Vs. Union of India (UOI), while interpreting Article 31 which correspondence with Article 11 of the Limitation Act, 1968 has laid down a ratio that, when there is no time fixed for delivery of the consignment the actual date of delivery should be reckoned for the purpose of limitation. In the present case, there is no evidence to show the date of delivery. The date of Ex.P6 should taken as date of delivery for reckoning the limitation under Article 11. Therefore from the date of Ex.P6, the suit is in time, the finding of the trial Court that the suit is barred by limitation is bad in law, accordingly set aside.
The Plaintiff has claimed interest at the rate of 20% from the date of consignment till the date of suit and claims future interest. The transaction is a commercial transaction. The Plaintiff had issued notice under the Common Carriers Act, the grant of interest at the rate of 10% from the date of consignment i.e. 26.5.1988 till payment would meet the ends of justice. Accordingly the judgment and decree of the trial Court is set aside and the suit is decreed as indicated.