LAWS(DLH)-2010-11-20

SHANKAR LAL Vs. UOI

Decided On November 09, 2010
SHANKAR LAL Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellant who was a claimant before the Railway Claims Tribunal with respect to the damages caused by the Railways in having damaged one consignment consisting of 490 kattas kabli Gram booked by them on Wadi Bunder to New Delhi on 06.10.1989 for delivery to the appellant. The booking was at Railway risk rate. The wagon containing the consignment was dispatched on 07.10.1989 and reached Delhi on 22.12.1989 i.e. two months and 15 days after the date of dispatch. On arrival when physical delivery was taken it was found that the contents were damaged and delivery was taken on assessment of damage. The assessment of damage by the Railways was as under:-

(2.) A sum of `54519/- which was offered by the Railways has already been taken by the appellant but he says that the same was accepted under protest. According to the appellant, the loss caused to the appellant as per the assessment report was to the tune of ` 79986/- and thus, he is claiming balance amount of ` 25,467/-, which was not accepted by the respondent and as such, the claim was contested.

(3.) On the pleadings of the parties, the Tribunal framed the following issues:-