Law:

Section:

(a) Railways Act (IX of 1890), S. 72-"Misconduct"-What is.Where there is bad management or mismanagement or negli­gence of a kind which, although not necessarily reckless; suggests that something was done or omitted to be done which a man of ordinary prudence would not have done or would not have omitted to do, there is a case of misconduct. Where the railway officials knew that there were perishable goods in the wagon, that it was a wagon intended for perishable goods, that the owner of the goods had taken care to book them by passenger train and yet, although it took only about an hour to repair the damage, the wagon remained neglected for six days: Held, that these facts constituted misconduct. A. I. R. 1930 Cal. 815 ; A. I. R. 1930 Lah. 120; A. I. R. 1935 Lah. 492 ; A. I. R. 1930 Bom. 129 ; A. I. R. 1933 Cal. 742 ; 130 I. C. 837 ; ref. (b) Civil Procedure Code (V of 1908), S. 900-Second appeal --" Misconduct" on the Part of railway administration--Finding as to-Whether one of fact. The proper legal, effect of proved facts is a question of law and the term " wilful neglect " is not a concrete fact but a matter of inference and the term has a special significance in law. The same may be said of the term " misconduct ". JUDGMENT M. R. KAYANI, J.-On the 13th December, 1947, Hasham Ali Shah plaintiff booked 95 bags of onions at Spezand railway station for delivery at Lahore, executing risk note form B which enables the railway administration to book goods at owner's risk. The goods, however, were carried in an " E. L. Van " which by common consent means a wagon that carries fresh vegetables and fruit, and the booking was by passenger train. It should have normally taken about two days to reach Lahore but it actually reached Lahore on the 23rd December 1947, that is to say, after ten days. At the time of delivery a railway inspector certified that the onions were damaged to the extent of 50 per cent, and he assessed the damage at Rs. 1,805 and a few annas. The plaintiff then brought a suit for the recovery of Rs. 1,800 from the railway administration, alleging that the loss had been occasioned by reason of the misconduct of its officials. The trial Court decreed…

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