LAKSHMI BANGLE STORES versus UNION OF INDIA AND ORS.

LAKSHMI BANGLE STORES versus UNION OF INDIA AND ORS.

Appellant is pinned to the value voluntarily declared at the time of consignment (Rs.25,000) and cannot claim damages in excess; burden to prove limitation still lay on the railways; suit not barred by limitation, but claim cannot exceed declared value.

Parties
Appellant: Lakshmi Bangle Stores; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
06 December 1990
Procedural Posture
Civil Appeal / Appeal Via Special Leave Petition Against Andhra Pradesh High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Railway Consignment Valuation, Limitation Period for Damage Claims, Estoppel in Declared Value Claims
Transport Law Contract Law Limitation Law Railway Consignment Valuation Limitation Period for Damage Claims Estoppel in Declared Value Claims

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Parties

Lakshmi Bangle Stores

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Via Special Leave Petition Against Andhra Pradesh High Court Judgment

Legal Issues

  1. 1 Whether the limitation period for a suit for damages for loss of consigned goods begins at the date of accident or the date of open delivery
  2. 2 Whether the consignor can claim damages by enhancing the value of goods beyond the value declared at the time of consignment

Ratio Decidendi

Appellant is pinned to the value voluntarily declared at the time of consignment (Rs.25,000) and cannot claim damages in excess; burden to prove limitation still lay on the railways; suit not barred by limitation, but claim cannot exceed declared value.

Court Disposition

Appeal dismissed

Orders

  • Appellant bound to declared value of Rs.25,000 for consigned goods.
  • No order as to costs.