UNION OF INDIA Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Being aggrieved by the order dated 31.7.1996 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No. 369/OAI/RCT/NGP/91 allowing the claim of respondent for Rs. 2,22,320/awarding thereon interest at the rate of 9% from the date of application till the date of order and future interest at the rate of 6% from the date of order till realization, appellants have preferred the instant First Appeal.

(2.) Respondent was consignee in respect of Boiler Spares despatched by M/s Bharat Heavy Electricals Limited, Tiruchirapalli. When the consignment arrived at the destination station, it was found in broken condition and, therefore, respondent demanded open delivery which was granted by the Railway Authorities. In the Joint Open Delivery Report, shortages as described in the claim petition were detected. Respondent lodged claim for Rs. 3,07,773.14 with appellant no.1. It was informed by appellant no.1 that that the claim was transferred to appellant no.2 as the destination station came within its jurisdiction. Since the appellants failed to settle the claim of respondent, claim petition was filed before the Railway Claims Tribunal.

(3.) Appellants filed Written Statement and challenged maintainability of the claim petition as against appellant no. 2 South Eastern Railway inasmuch as it was contended that the Tribunal had no jurisdiction over the place of booking. It was further contended that the respondent had not clarified if the cause of action arose on South Eastern Railway in a district falling with the jurisdiction of the Tribunal. They prayed for dismissal of claim as not maintainable for want of jurisdiction. As regards the monetary claim, it is contended on behalf of the appellants that it was after unloading of the consignment that the open delivery was demanded and, therefore, the Railway Administration was not responsible for alleged damage, shortage or loss. According to appellants, their responsibility ceased as soon as the wagon holding the consignment was placed at the point of interchange of wagons in the siding and taken over by the respondent without reporting any discrepancy. They prayed for dismissal of claim.