UNION OF INDIA (UOI) THROUGH THE GENERAL MANAGER, NORTHERN RAILWAYS Vs. BHARAT GENERAL AND TEXTILES INDUSTRIES LTD.

JUDGEMENT

(1.) APPELLANT /Union of India has filed this appeal challenging judgment dated 14th January, 1998, of Railway Claims Tribunal, Delhi (for short as "Tribunal.), vide which appellant was directed to pay a sum of Rs. 33,237/ - (Rupees Thirty thousand two hundred thirty seven) to respondent, together with proportionate costs and pendent lite and future interest thereon @ 10% per annum (simple interest) from the date of filing of the application.

(2.) BRIEF facts case are that respondent booked consignment of 282 bags of groundnut deoiled cake for carriage from Guntur to Delhi Kishan Ganj, under Railways Receipt (R.R.) No. 701683, invoice No. 1035, dated 10.07.1993. Respondent is endorsed consignee of R.R. for valuable consideration. According to respondent, when consignment reached at destination station on 19th July, 1993, it was found damaged by wet to the extent of 50% on 72 bags and 70% on 98 bags. Hence, a sum of Rs. 39,480/ - was claimed as compensation for damaged caused to the consignment, which represent the market value of the damaged consignment.

(3.) ON 14th July, 2009, when matter was listed for hearing, nobody appeared for respondent. Even prior thereto, on 13th July, 2009 also none appeared for respondent. Hence, respondent was proceeded ex parte.