M L BANUMATHI PROPRIETRIX JAISHREE TRADING CORPORATION 443 JAWAHAR BAZAAR KARUR Vs. UNION OF INDIA OWNING SOUTHERN RAILWAY

JUDGEMENT

(1.) C.M.A. No. 408 of 1993 is directed against the award of the Railway Claims Tribunal Madras Bench in O.A. No. 1/1222/91 dated 7.4.1992 and CM.A. No. 460/93 is directed, against the award of the Railway Claims Tribunal Madras Bench in O.A. No. 1/1223/91 dated 17.11.1992.

(2.) IN the claim petition being the subject matter, of C.M.A. No. 408/93, the claimant contended that he is the consignees purchaser of 552 bags of Sodium Bi-Carbonate covered by the Railway receipt Ex B1/Railway INvoice No. 24, and 554 bags of Sodium Bi-Carbonate tech. Covered by the railway receipt Ex. B. 2/Railway invoice No 25, consigned on 12.1.1991 from TCL siding at Bhimrana to Karur. On the arrival of the consignments at the destination, only 1095 bags were delivered by the destination station to the petitioner as against the total quantity of 1106 bags covered by these two railway receipts. The staff of the railways at Karur refused to give partial delivery certificate for the balance of 11 bags to the petitioner. The petitioner had sent the original of Ex A9 to the respondents, it being the combined notice of claim and notice, of suit to which the first respondent had sent replies under Ex A10 and All to the petitioner. The claim of the petitioner was repudiated by the respondents. The petitioner later filed application claiming compensation of Rs. 3,637/- from the respondents/railways.

(3.) LEARNED counsel for the appellant relied on the Judgment of Bellie, J reported in Steel Authority of India Ltd. v. Union of India etc., (1993 -1 L.W., 483) Per contra, learned counsel for the respondent relied on the Judgment of the Supreme Court reported in Hari Sao and another v. The State of Bihar (A.I.R. 1970 S.C. 843). The Supreme Court after taking note of the facts pertaining to the particular case, has held that the endorsement of "Senders weight accepted" would negative the plea, if any, that the weight was accepted by the railways..