SHER SINGH INDUSTRIES Vs. UOI

JUDGEMENT

(1.) This is an appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the order dated 15.2.1996 passed by the learned Railway Claims Tribunal, Delhi.

(2.) The appellant M/s. Sher Singh Industries filed a claim application against the respondent claiming a compensation of Rs. 16,100.

(3.) The case set up by the appellant was that it had entrusted a consignment comprising of 1100 bags of Kabuli gram (white chana) to the respondent for transport from Wadibunder station to New Delhi. That the consignment was booked under railway receipt No. 083740 dated 26.7.1991. That the consignment was found in a damaged condition on 28.8.1991 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 78B 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 Kabuli gram at the relevant time was Rs. 1,650 per quintal and suffered a loss in sum of Rs. 42,817. That the respondent accepted its fault but by arbitrarily applying the rate of the Kabuli gram at Rs. 1,185 per quintal sent a cheque of Rs. 25,917 towards damages. That the said cheque was accepted under protest and the respondent is thus liable to pay a balance sum of Rs. 16,100 (Rs. 42,817 Rs. 25,917=Rs. 16,100)