1965 (3) TMI 110 - HC - Indian Laws

Summary

Issues:
- Permissibility of a decree for damages based on an Assessment or Damage Certificate prefaced with "without prejudice."
- Proof required for actual loss and damage, negligence, and misconduct in a case involving a consignment of sugar by Railways.

Analysis:
1. Permissibility of Decree Based on Assessment Certificate:
- The appeal raised a question of law regarding the permissibility of a decree for damages solely based on an Assessment Certificate prefaced with "without prejudice."
- The Court of first instance decreed the suit partially, while the Subordinate Judge decreed it further based on the Assessment Certificate for deteriorated sugar.
- The Court analyzed the significance of the "without prejudice" statement and its implications on the admission of damage by the Railways.

2. Proof of Actual Loss and Damage:
- The plaintiff alleged loss due to negligence and misconduct by the Railways, which was denied in the written statement.
- The Court deliberated on the requirement for the plaintiff to prove actual loss and damage, negligence, and misconduct by the Railways beyond the Assessment Certificate.
- Issues arose regarding the condition of the goods at consignment, disposal of damaged sugar, and the necessity to examine the Inspector for proof of the Assessment Certificate.

3. Legal Principles and Precedents:
- Legal principles surrounding the term "without prejudice" were discussed, emphasizing its role in facilitating amicable settlements and not as an admission of liability.
- Precedents from other cases were cited to support the argument that an Assessment Certificate, even if prima facie evidence of damage, does not absolve the plaintiff from proving actual loss and damages to a reasonable degree of certainty.

4. Court's Decision and Directions:
- The Court held that the Assessment Certificate could not serve as sufficient proof for a decree without additional evidence of actual loss and damage by the plaintiff.
- The appeal was allowed, and the case was remanded to the Subordinate Judge for rehearing in accordance with the legal principles discussed.
- Costs were not awarded in the appeal, with further costs left to the discretion of the Court of Appeal below.

This judgment clarifies the legal standards required for proving damages in cases involving consignments, emphasizing the need for evidence beyond Assessment Certificates and the significance of the term "without prejudice" in legal proceedings. The Court's decision underscores the importance of proving actual loss and damage to a reasonable degree of certainty, ensuring fair adjudication in matters of liability and compensation.