THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.3146 of 2002 JUDGMENT: The respondent booked a consignment of 520 bags of bleeching power from New Delhi to Sanath Nagar through Indian Railways, appellant herein under loading and unloading condition. The goods were unloaded at Sanath Nagar goods depot of Railways. However, on account of fire accident in the depot, 463 bags of the material was damaged. Initially, the respondent filed O.S.No.1281 of 1986 claiming damages. On constitution of the Railway Claims Tribunal, the suit was withdrawn and T.A.No.6 of 1991 was presented before the Tribunal. It was pleaded that the loss to the extent of Rs.37,034/- had occurred to the respondent on account of the negligence and lack of proper care on the part of the appellant. The application was opposed by the appellant stating that their liability ceased, soon after the goods were unloaded from the wagon. Through its order, dated 23.04.2002, the Tribunal allowed the claim and awarded a sum of Rs.37,034/-. The same is challenged in this C.M.A. Heard the learned counsel for the appellant and the learned counsel for the respondent. It is no doubt true that the responsibility for loading and unloading rested with the respondent and according to Section 74(3) of the Railway Act, the owner of the goods has to plead and prove negligence or misconduct on the part of the Railways. In the instant case, the loss or damage to the goods occurred not when they were in transit, but after they were unloaded. The fire accident occurred right in the goods depot of the appellant. The respondent has no control over the maintenance of the depot and the appellant was under obligation to ensure that the goods stored or kept in it are not damaged. The Tribunal has taken correct view of the matter and held the appellant is liable to pay the cost of the short supplied goods. This Court is not inclined to take a different view. Learned counsel for the appellant places reliance upon the judgment of the Kerla High Court in Union of India vs. Universal Traders Corporation, Cochin[1]. It was held that in the cases covered by Section 74(3) of the Act, the responsibility is upon the owner of the goods to prove negligence. In the instant case, the negligence on the part of the appellant was proved beyond any reasonable doubt, since the fire accident occurred right in the goods depot. The C.M.A. is accordingly dismissed. There shall be no order as to costs. __________ 26.08.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.3146 of 2002 Date: 26.08.2010 JSU [1] AIR 1983 KERALA 173