RAYMOND CEMENT WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above F. A. F. Os. arise out of common judgment and order dated 27. 2. 1997 passed in 11 claim cases by Railway Claims Tribunal, lucknow Bench, Lucknow, dismissing the claims.

(2.) SINCE the facts of the above ten cases are almost similar and relevant law to be considered is also same and the common arguments have been advanced from either side, they are being disposed of by this common judgment.

(3.) THE facts, in brief, are that M/s Raymond Cement Works, the appellant booked various quantities of cement bags through railway receipts, details whereof are given in the claim petitions as also in the judgment of Tribunal at akaltara Railway Station for delivery at Alam Nagar Railway Station, lucknow. The consignment in covered wagons reached the destination (Alam nagar Railway Station) in good condition. Out of the ten consignments of the above appeals, M/s. East India Steels, Lucknow were named as consignee in eight consignments while they were endorsee in the remaining two M/s. East india Steels, Lucknow made endorsement in favour of two different persons who received the goods and got them unloaded from the wagons. Some of the bags were removed from the railway station. However, before the remaining cement bags could be removed, there were rains and goods got damaged. The matter was reported to the railway authorities. The assessment was carried out. The appellant preferred claim for damage as per assessment. The claim was repudiated by the Railway Authorities. The appellant approached the Railway claims Tribunal for damages.