HANIF AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal arises out of O.A.I./1125/91 filed by the Appellant herein before the Railways Claims Tribunal, Madras Bench, claiming compensation towards short delivery of goods consigned by the respondent/Railway.

(2.) The case of the appellant was as follows : It was the (engrossed) consignee/purchaser of 123 bags of Gram Dhall sent from New Delhi to Tirupattur under Railway Receipt. Ex. B-2. At the destination, only 112 bags were delivered. A shortage certificate, Ex. A-2, was issued by the Station Master, Tirupattur. The value of the same was Rs. 6,831/-. This amount atogether with the freight charges of Rs. 495/- totalling Rs. 7,326/-, was due from the respondent/Railway. The respondent/Railway had also answered the claim notice under the original of Ex. A-3, under Section 78-B of the Indian Railways Act by offering to settle the claim under Ex. A-5. As the claim did not materialises, the application came to be filed. The grounds on which the relief was claimed were that shortgage had occurred due to the negligence and misconduct on the part of the railway servants while the consignment was in transit and in the custody of the respondent, that the liability of the respondent being that of an insurer, it was liable to compensate the loss, that the respondent had not taken reasonable foresight and care in transporting the consignment, that the consignment was carried in a non-water tight wagon and unfit one for transport of essential commodities, that there was an inordinate delay in the transit of the consignment, and that the respondent having accepted the negligence by making a part payment, was liable to reimburse the loss in full.

(3.) The respondent resisted the claims by filing a reply statement which was to the following effect: The consignor booked one wagon said to contain 123 bags of Gram Dhall under Invoice No. 6, Railway Receipt No. 155980 of 4-5-1988 from New Delhi to Tirupattur. The administration supplied a good covered wagon SCC. 14561 and the consignor after satisfying itself as regards the sound condition of the wagon, loaded the consignment into the wagon. As booking was covered by loading and unloading conditions. The applicant was to prove the entrustment of 123 bags as also the condition and weight of each and every bag loaded by it into the wagon at the booking station. The Railway receipt issued was a qualified one with the following remarks :