UNION OF INDIA Vs. NISHAN CHEMICALS

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order dated 27th February 1996 passed by the Railway Claims Tribunal, Ahmedabad Bench, in Claim Application No. OA-I/609-91 whereby the Tribunal allowed the claim petition and directed the appellant to pay a sum of Rs. 25,317/- to the present respondent.

(2.) THE respondent herein had booked 250 bags of Tapioca Starch from Salem Market to Kankaria (Ahmedabad) on 9th September 1986. The consignment ought to have been delivered within 10 days from the date of booking. However, the delivery was made only on 21/1/1987. Due to inordinate delay in transit the goods got damaged and the respondent suffered loss. He therefore filed the aforesaid claim petition which was allowed by the Tribunal as aforesaid against which the present appeal has been filed.

(3.) LEARNED Advocate for the appellant submitted that there was no time bound contract to deliver the goods within the stipulated period and therefore the impugned judgement is illegal and arbitrary. Learned Advocate further submitted that the Tribunal committed an error in holding that the damage to the tune of Rs. 25317/- was caused to the respondent on account of the so called delay in delivering the consignment.