UNION OF INDIA Vs. SRAVAN KUMAR SAOJI GOUR

JUDGEMENT

(1.) This appeal is directed against the order dated 31.7.2002 passed in Case No.71/OAI/RCT/NGP/2001 allowing the claim of the respondent for damages.

(2.) The appellant was entrusted with a consignment by one M/s. Arjun Raut from Howrah for its delivery to the respondent at Nagpur. The consignment consisted of one basket containing Pomfret fish and it was packed along with ice as preservative. It was agreed by the appellant to deliver it to the respondent in good condition or pay damages, in case of loss, reduction in value or destruction of the contents of the consignment. Railway receipt No.863660 dated 23.7.1998 was issued and copy of the same was given to the respondent. It was to be delivered to the respondent on 24.7.1998 at Nagpur. When the respondent went to the Parcel Office of the appellant at Nagpur on 24.7.1998, he was not given the delivery of consignment. On 25.7.1998 also, initially no delivery of consignment was given. Later on, on the same day, it was revealed that the consignment was received at Nagpur, but in rotten condition. The Railway Authorities at Nagpur got inspected the state and condition of the contents of the consignment through its Health Inspector. He found them to be unfit for human consumption and on his recommendations, the contents of the consignment were destroyed. The appellant was also issued a damage certificate to the extent of 100% of the weight of the consignment. Thus, the respondent suffered complete loss in respect of consignment and, therefore, he claimed damages from the appellant. Since they were denied to him by the appellant, he was required to raise the claim against the appellant before the Railway Claims Tribunal, Nagpur.

(3.) After considering the evidence available on record, the learned Presiding Officer of the Railway Claims Tribunal partly allowed the claim of the respondent, out of the total claim of Rs.3,501.35 ps. together with interest. This claim was allowed to the extent of Rs.2,695/ together with interest at the rate of 6% p.a. from 16.7.2001 till final payment by the learned Member (Judicial) of the Railway Claims Tribunal, Nagpur on 31st July, 2002.