Law: Railways Act, 1890

Section: S. 77

  Railways Act (IX of 1890), S. 77-Notice served upon Agent or Manager or upon any officer authorised by Agent or Manager to receive such notice--Sufficient compliance with section-"Railway Administration"-Manager delegating power to Divisional Superintendent-Notice to Divisional Superintendent valid.   Chaturbhuj Ram Lal v. Secretary of State A I R 1927 All. 215 ; A. Mahadera Ayyaar v. The South Indian Railway Co. I L R 45 Mad. 135 ; Agent, G. I. P. Railway Company, Bombay v. Dewasi Versee and others I L R 31 Bom. 534; Agent, East India Railway Company v. Ajodhya Prasad and another 49 I C 498; Union of India v. Indumati Saha A I R 1951 Cal. 512 and Surendra Nath v. The Governor-General-in-India-in-Council A I R 1952 Cal. 341 ref.   Maxim : Cui facit per allum facit per se (whatever a person has power to do himself he may do so by means of an agent).   Railways Act (IX of 1890), S. 140-"May" not equivalent to "must". Devi Ditta Mal v. Secretary of State A I R 1926 Lah. 255 ref.   Contract Act (IX of 1872), Ss. 151, 152 & 161-Goods delivered to Railway Administration-Responsibility of Railway that of bailee--Loss of goods-Claim for compensation-Initial burden lies on consignee to prove that loss was occasioned by negligence or want of diligence on part of Railway.   Dwarha Nath Pai Mohan Choudhuri and another v. Rivers Steam Navigation Cr,. Ltd. A I R 1917 P C 173 rel.   Damages-Assessment--Cohort bales damaged by fire while carried by Railways-Damages to be assessed on basis of individual bales rather than on average weight of whole lot. JUDGMENT   INAMULLAH, J.-This is a defendant's appeal in a suit for recovery of damages There is also the cross objection under Order XLI, Rule 22 by the plaintiff respondent. The facts giving rise to the present appeal are these :-   The plaintiff-respondent hereinafter called the respondent despatched on the 10th of October, 1955, 100 bales of cotton from Hyderabad for Karachi. The wagon carrying the consign ment caught fire at Drigh Road on the 13th October, 1955. It was detached from the train. The damaged goods were surveyed by one Mr.…