RAM KANWAR RAM NIWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the order-dated 5.5.95 passed by the learned Railway Claims Tribunal, Delhi.

(2.) THE appellant M/s Ram Kanwar Ram Niwas filed a suit against the respondent claiming a compensation of Rs.27,125/-.

(3.) RESPONDENT resisted the suit inter-alia contending that the original Railway receipt bears remarks "said to contain " meaning thereby that the loading of the consignment was done by the consignor and not supervised by the railways therefore it is not liable to pay any compensation for the alleged shortage of bags. That staff of the respondent has not supervised the actual quantity loaded into the wagon at the forwarding station. If any short delivery was found in the consignment at the time of the delivery, it is due to the short loading by the consignor. It was further stated that the short delivery certificate was issued on the request of the consignee, without prejudice, at the destination station only to place on record the actual quantity received by the destination station and it does not amount to admission of any liability that the shortage occurred due to its negligence in the carriage of the consignment.