SANT LAL KANHAIYA LAL Vs. UOI

JUDGEMENT

(1.) THIS is an appeal filed under Section 23 of the Railway Claims tribunal Act, 1987 against the order dated 02. 05. 95 passed by the learned railway Claims Tribunal, Delhi.

(2.) THE appellant Sant Lal Kanhaiya Lal f iled a claim application against the respondent claiming a compensation of Rs. 81,337. 50.

(3.) THE case set up by the appellant was that it had entrusted a consignment comprising of 219 bags of Urad dal to the respondent for transport from Vizianagaram station to New Delhi. That the consignment was booked under railway receipt No. 683148 dated 18. 05. 88. That the consignment was found in a damaged condition on 13. 08. 88 i. e. when the delivery of the consignment was taken from the respondent. That the damage took place due to gross negligence and misconduct of the employees of the respondent. That it called upon the respondent to make payment of the compensation for the loss and issued notice under Section 78-B of the indian Railways Act, 1890 and Section 80 of the Code of Civil Procedure for settlement of the claim. That the market rate of the Urad dal at the relevant time was Rs. 725/- per quintal. That the respondent accepted its fault but by arbitrarily applying the rate of the Urad dal at Rs. 525/- per quintal sent a cheque of Rs. 43,138/- towards damages. That the said cheque was accepted under protest and the respondent is thus liable to pay a balance sum of Rs. 38,200/- (Rs. 81,337. 50 u Rs. 43,138/- = Rs. 38,200/-)