TARA CHAND JAI NARAIN Vs. U O I

JUDGEMENT

(1.) The above captioned appeal under Section 23 of the Railway Claims Tribunal Act is directed against the order dated 15.10.97 passed by the learned Railway Claims Tribunal, Delhi.

(2.) The appellant M/s. Tara Chand Jai Narain filed an application under Section 16 of the Railway Claims Tribunal Act against the respondent claiming a compensation of Rs.1,78,000.

(3.) The case set up by the appellant was that on 11.1.1992 three consignments comprising of 245 bags of Gram Dal were entrusted by M/s. Sanjeev Dal Mills to the respondent for transport from Nangloi to Sonepur. That the said three consignments were booked under Railway Receipt Nos. 562200, 562201 and 562202 respectively. That it was the endorsed consignee of the consignments in question. That it had purchased the consignments in question from M/s Sanjeev Dal Mills for a consideration of Rs. 2,43,000. That the rate at which it had purchased the Gram Dal was Rs. 9.91 per kg. That due to the gross negligence and misconduct of the employees of the respondent the consignments in question were short delivered and the contents thereof were found to be in damaged condition at the destination station. That it had sold the consignments in question for a sum of Rs. 64,600 and thus incurred a loss of Rs.1,78,400.