UNION OF INDIA Vs. MINERAL ENTERPRISES PVT LTD ,

JUDGEMENT

(1.) Though this appeal is coming on for admission, with the consent of the learned counsel for the appellants and the respondent, arguments are heard on merits.

(2.) The respondent before the Tribunal is the appellant in this appeal. This appeal is filed for setting aside the impugned order dated 15.6.2012 in O.A. No.III 1/2009 passed by the Railway Claims Tribunal, Bengaluru Bench at Bengaluru.

(3.) The appellant is the Union of India represented by (i) the General Manager, South Western Railway, Hubli, (ii) South Central Railway, Secunderabad. The facts briefly stated are that the respondent M/s Mineral Enterprises Pvt. Ltd., was transporting the minerals through the appellant railways from Ammasandra to Panamburu as per the rates fixed for transportation of the consignment. The distance from Ammasandra Railway Station to Panamburu was calculated as 365 Kms. and freight was charged as per the rate fixed by the railways. The freight charges were dependent on the distance between the place of loading and unloading of consignment. Later, on enquiry it was learnt that the actual distance between Ammasandra Railway Station to Panamburu post is only 359 Kms. and not 365 Kms. as charged by the appellant railways. Therefore, the respondent Company made correspondence with the railways through letters dated 3.10.2006, 5.5.2007 and 20.07.2007 requesting to take corrective action. The appellant railways settled the claim of respondent Company in respect of excess freight charges which were within the limitation period and the remaining excess charges were not paid on the reason that they are barred by limitation. Being aggrieved by the repudiation of claim for remaining excess freight charges by the railways, the respondent filed a claim petition before the Railway Claims Tribunal.