LexTHE RIVER STEAM NAVIGATION CO., LT.D versus SHYAM SUNDAR TEA CO., LTD.
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1961 The State of Madhya Prade•li v Shri Moula. Bux and others M. H idayatuUali J. 1961 M•y, 5. 802 SUPREME COURT REPORTS [1962) of India, does not apply to a Part C State, and only the definition in cl. (b) of the section :ipplies to this State, even though a Part C State. In our opinion, therefore, the decision of the Judicial Commissioner was correct. Since no other point was urged in this appeal, it must fail, and it is accordingly dismis- sed with costs. There is no need to pass any order on C. M. P. No. 40 of 1960 by which the respondents asked for amendment of the plaint and addition of the Union Govermnent as a party. The application shall be filed. Appeal dismissed THE RIVER STEAM NAVIGATION CO., LT.D v. SHYAM SUNDAR TEA CO., LTD. (P. B. GAJENDRAGADKAR, K. N. WANCHOO AND K. c. DAS GUPTA, JJ.) Common . Carr~er-Steam11hip Companv carrying, goods /,y steamer in main stream-Feeder aervice by boata in tributary-Goods lo•t in transit in ,uch service-Liability-- Company, if, a common carrier in the feeder aervice-Te•I Carriers Act, 1865 (3 of 1865), s. 2. The question whether a carrier is a common carrier or not has to be decided on its public profession and such profession may be either by public notice or by conduct. It is immaterial if the carrying is limited to partic;iiar goops or particular routes or between specified points. Lane v. Ootton12 Mod. 474; lngate v.Chriatia, (1950) 3 Car. and K. 61 andJhomon v. Midland Rly., Co. (1849) 4 Ex 367, referred to. 2 S.C.R. SUPREME COURT REPORTS 803 Consequently, where, as in the instant case, the steam~r companies, which were by public profession common carriers in the main stream and invariably agreed, when requested, to arrange for carriage of goods hy boats from stations situated on its tributary to the steamer station, accepting goods as indis- criminately as in the steamer service, were sued for loss of goods in the tributary and the High Court, while re- versing the finding of the trial court as to the negligence of the comp mies, affirmed its decree against them on the ground that they were cammon carriers. Held, that the decision of the High Court was r.orrect and must be affirmed. There could be no doubt that the service in the tribut- ary was in the nature of a feeder service to the main route and the public profession made in respect of the latter attached to it. He Id, further, that it was of no consequence that the feeder service yielded no profits. Nor was regularity or otherwise of the feeder service a relevant consideration. Law does not require that a common carrier must have a fixed rate for carriage of all goods and the absence of such a fixed rate in the feeder service was wholly immaterial. CCTIL APPELLATE JURISDICTION: Civil Appeal No. 40! of 1957. Appeal from the judgment and decree dated June 15, 195! of the Assam High Court in First Appeal No. 23 of 1950. D. N. Mukherjee, for the Appellants. B. Sen, P. K. Chatterjee and P. K. Bose, for the Respondent. 1961, May 5. The Judgment of the Court was delivered by. DAS GUPTA, J.-This appeal is from .the jud~ ment and decree of the High Court of Judicature m Assam affirming the judgment and decree. m~de ~y the Subordinate Junge of Upper Assam D1strwts, m a suit brought by the respondent Shyamsundar Tea Co., Ltd., against the present sppellants. The 1961 The River &tam Na1•igaJtion Go., Ltd. v. Shyam Sundar Tea Go., Ltd. Das GuptaJ, 1961 Th< RiVer Stear11 ... V rt1,iga,tinn Co., Utl. v. 8h11am Sun11ar J.'en Co., Ltd. Da" Gupta.I. 804 SUPREME COURT REPORTS [1962] appellant companies are joint owners of Steamer service between Dibrugrah and Calcutta. The main servic« is along t.he Rrnhmputra River. Desang is one of the tribut·1ri"R of th<' Bml11np11t.n1 and meets the main stream at Dosangmukh Ghat. The plaintiff's case in the plaint was that the <lefl"ndant compm1i1's as common carriers receivPd goods at Dillihari Ghat whicn is situated on tho Desang about 70 miles up-stream from Desa11gmukh Ghat for carriage "therefrom by boats to Desangmukh Ghat r.nd then by their steamers to different sta- tions on payment of freight". It iR further the plaintiffs ca.~e that on September 10, 1946, the plaintiff company deliYered 120 chests of tea to the defendants at Dillibari Ghat for carrying therefrom and delivery of the same at Kidderpore i11 Calcutta. The boat carrying these tea chests sank; the t
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