M L MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANT had booked a consignment weighing 156 kg for carriage from Delhi to Rosa vide PWB No. 725423 dated 30. 4. 1987. The consignment reached rosa on 9. 5. 1987 and at time of delivery it was noted that one wooden case was broken. Goods were stolen. The net weight of the consignment delivered was 108 kg. A damage and deficiency certificate was issued by the railway staff as mentioned in the open delivery report.

(2.) WHILE delivering the consignment the appellant described the goods as hardware.

(3.) VALUING the goods which were lost at Rs. 75,239/- and claiming 10% sale tax stated to have been paid thereon and Rs. 100/- as packaging and forwarding charges appellant laid a claim in sum of Rs. 82,862. 80 before the railway Claims Tribunal.