UNION OF INDIA Vs. RAJESH KUMAR PARVEEN KUMAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE Railways is aggrieved by an order dated 16. 11. 2006 disposing of a claim petition filed by the respondent and awarding compensation in sum of rs. 3,24,044/- to the respondent holding that 55% value of the consignment of Moong Dal which was entrusted to the Railway authorities vide RR No. C-304305 dated 10. 9. 1999 for carriage from Ahmednagar to Delhi got damaged due to delay in transit and lack of reasonable steps taken by the Railway authorities to protect the Moong Dal. From the sum awarded, Rs. 57,624/- already paid by the railway authorities has been directed to be adjusted, meaning thereby, net amount payable is Rs. 2,66,420/ -. Interest @ 6% p. a. from date of the order till realisation has also been directed.

(3.) THE Railways did not dispute receipt of 280 bags of Moong Dal for onward shipment from Ahmednagar to Delhi. Railways also did not dispute delay in transit and goods being damaged. However, Railways pleaded that value of the goods deteriorated was only 10% of the consignment.