UNION OF INDIA Vs. INDIAN RAYON

JUDGEMENT

(1.) The present group of First Appeal is filed by the appellant-original opponent through General Manager, Western Railway being aggrieved with the impugned judgment and decree passed in respective Claim Applications by the Railway Claim Tribunal, Ahmedabad Bench all dated 06.12.2001 on the grounds stated in the memo of appeal inter alia that the judgment and decree passed by the Tribunal is contrary to the evidence on record. It is also contended that loading and unloading was to be done by the parties and not by the Railway and whatever has been stated and entered in the forwarding note by the sender was stated in R.R. Therefore it is contended that there is no shortage of goods due to the negligence or misconduct of the Railway Administration. It has also been contended that the Tribunal ought to have appreciated that the Railway Authority is not bound to entertain the claim on the basis of the private re-weighment and the panchnama not witnessed by the Railway Staff cannot be relied upon. It is contended that as per Section 79 of the Railway Act read with Rule 305 of Goods Tariff, when the consignment is booked at owner's risk rate, re-weighment of coal consignment is not permitted.

(2.) Heard learned advocate, Ms. Reeta Chandarana for the appellant.

(3.) Learned advocate, Ms. Chandarana referred to the papers and also details with regard to each matters for the date of booking, goods i.e. premium hard coke with weight and shortage after referring to the observations in the judgment and decree. She has also referred to the papers and the written statement, which was filed before the Tribunal to support her contention that consignment were delivered to the original applicant (the respondent herein) without any qualifying remarks in the delivery book. Therefore, it was contended that there was no shortage in the consignment as alleged. She has also referred to Section 79 of the Railway Act read with Rule 305 of the Goods Tariff and submitted that as the consignments were booked as owner's risk rate, the consignment arrived at destination without any delay, would not require any re-weighment and it is not permissible. She emphasized Rule 305 of the Goods Tariff, which provide, "Coal and coke booked at Owner's risk will not be weighed". Therefore, learned advocate, Ms.Chandarana submitted that the Tribunal has failed to appreciate this relevant provision and the procedure and, therefore, the present appeals may be allowed. Learned advocate, Ms.Chandarana also submitted that re-weighment made at the private place without the presence of the authorized person of the Railway, would not be relevant for the purpose of making any claim for the shortage. She submitted that there could be any defect in the weigh-bridge as it is not properly run and, therefore, it is not authorized by the Government and, therefore, it could have been relied upon. She, therefore, submitted that even the panchnama also cannot be readily accepted.