AMBIKA FASHION PVT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above appeal has been filed by the appellant against the order dated 12.12.2002 made in Case No.9700285 of 1997 on the file of the Railway Claims Tribunal, Chennai Bench, allowing in part by awarding a sum of Rs.6,600/- to the appellant as compensation.

(2.) HAVING not been satisfied with the said award, the appeal has been filed.

(3.) THE learned counsel further argued that the total value of the six bales was a sum of Rs.1,70,000/-. THE shortage of two bales, containing Art Silk Sarees, weighing 118 Kgs. was lost in transit. THE value of the goods lost is Rs.52,365/-. In order to prove the weight of the goods, number of bales and kind of goods, the applicant had produced invoice and bills, Railway Receipt and gate pass and these were marked as exhibits P1 to P6. After establishing the case, the Railway Claims Tribunal had allowed in part, stating that the applicant is entitled to receive a sum of Rs.6,600/- for non-delivery of two bales, weighing about 132 kgs. For every Kilogram cost, during transit, the Railway is liable to pay only Rs.50/- as per Section 103 of the Railways Act, 1989 and that the applicant is not entitled to any indirect or consequential loss or damage or for loss of particular market under Section 102(d) of the Railways Act, 1989. THE learned counsel further argued that the Railway had categorically admitted that two bales of Art Silk Sarees were not delivered. Sales tax for the entire goods loaded on the train had already been paid. This clearly proves that the applicant is a bonafide merchant and his purchase and selling of goods are subject to taxation of the Government. So, the applicant's claim is a bonafide one.