M.S. Pugalagiri Nadar And Sons, Through ... vs The Union Of India (Uoi), Through The ... on 12 July, 1966
In so holding, principle laid down in the decision in Pugalagiri Nadar and Sons v. Union of India was followed. In the face of the evidence of P.W. 1 already referred to, that the damaged part of the consignment was converted into vessels, it was necessary for the respondent to have established before court the actual loss sustained by it after deducting the amounts realised by it by the conversion of the damaged part of the consignment into vessels, as admitted by P.W.1, by the production of the relevant account books, invoices and other relevant documents. Since the account books have not been made available and the respondent has also not established how much loss was sustained by it, despite the utilisation of the damaged part of the consignment, if follows that the claim of the respondent for the recovery of damages cannot be countenanced at all. Consequently, the second appeal is allowed and the judgment and decree of the lower appellate court are set aside and those of trial court will stand restored with costs throughout.