LAWS(DLH)-2004-11-106

UNION OF INDIA Vs. IISCO

Decided On November 19, 2004
UNION OF INDIA Appellant
V/S
IISCO Respondents

JUDGEMENT

(1.) This appeal is directed against the award dated 14.5.1999 of the Railway Claims Tribunal in TA I/229/90 whereby the Tribunal awarded a sum of Rs.17,857.97 paise to the application with pendente lite and future interest at the rate of 10% per annum and proportionate cost for short fall in the goods, namely, ribbed bars 16/20 mm dia under Invoice No.87, Railway Receipt No.609992 dated 7.5 1983 Ex SCOB.

(2.) Facts of the case are as follows:-

(3.) The Tribunal on the basis of evidence on record returned a finding that the consignment booked SCOB, siding, Burnpur to IISCO siding, Okhla, New Delhi vide railway receipt no. 609992 dated 4.5.83 wherein 45.00 MTs. and was loaded in BFR open wagon No.SE49718 and "said to contain" RR was issued with the remarks 'weighment witnessed by railway staff'. On reaching the destination it was found short by 5.095 MTs and there by the aforesaid award was passed.