MAHIPAL BATTULAL JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD finally with the consent of the parties.

(2.) THIS appeal is directed against the order dated 18. 10. 2002 passed by the Railway Claims Tribunal, Nagpur, in Claim Application No. 127/oa-1/rct/ngp/1998 filed under s. 16 of the Railway Claims Tribunal Act, 1987, directing the respondent-Railway Administration to pay to the applicant the sum of Rs. 11. 500/- with interest at the rate of 6% per annum thereon with effect from 30. 7,1998 till final payment with costs of rs. 2,713. 04.

(3.) BRIEF facts are required to be stated as under : the appellant purchased readymade clothes from Howrah and had booked the same in three gunny bags through Railway under luggage ticket no. 088233 dated 7. 8. 1995 Ex-Howrah to Nagpur and accordingly they entrusted the said goods to the railway administration. Upon presenting the said luggage ticket in the Parcel Office at Nagpur Railway Station on 8. 8. 1995 and onwards for delivery of the goods in question, the respondent could not give delivery thereof stating that the goods were lost in transit. Thereafter the appellant instituted claim application contending therein that the non delivery was due to sheer negligence/misconduct on the part of the railway administration and they are solely responsible for the loss of the luggage in transit and claimed compensation of Rs. 90. 061. 00/- on account of undelivered goods, Rs. 22,608/- on account of interest at the rate of 9% per annum from the date of lodging claim till the date of application before Railway Claims Tribunal, Rs. 570/- on account of luggage charges paid to the railway and Rs. 300/- on account of notice charges. Thus total compensation of Rs. 1,13,559. 00/- was claimed.