POTEY BROTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) A bunch of 17 appeals, conveniently with the consent of the learned Counsel of the parties, is disposed of by the common judgment, as the consignments of Betel leaves (Mitha Pan) were despatched on 21.4.1989 at Howrah, the same were received at its destination i.e., at Nagpur on 25.4.1989 and thereby the facts and the legal issues involved are one and the same except the claim differs.

(2.) THE claims claimed by the appellants, allowed and disallowed in each case by the learned Railway Claims Tribunal, Nagpur, are detailed as under: Ss. No. First Claim Name of the Claimed Amount Disallowed Appeal application appellant/ Awarded No. No. & its applicant

(3.) CONSIDERING the evidence led by the parties and perusing the documents, the Railway Claims Tribunal in para 8 of the judgment, observed that; The consignment which was booked, on 21.4.1989, should have been delivered at destination latest by 24.4.1989. Thereby, according to the Tribunal the consigment was delayed by one day in transit and this could have happened only due to some negligence or misconduct on the part of the Railway staff. The damage assessed is, however, 80% which appears to be excessive for marginal delay of only one day in transit. In the same para, the Tribunal, while reducing the damages claimed by the appellants, observed that: Some inherent defect or vice in the consignment while booking. The responsibility for the damages should, therefore, be apportioned between the transporter and the consignee. The appellants are awarded 40% damages by the Railway Claims Tribunal, Nagpur against the assessment of 80% of damages. The loss of profits @ 10% claimed by the appellants is rejected in view of the provisions under Section 78(d) of the Indian Railway Act. Rs. 25 /- as notice charges were granted and thereby the claim of Rs. 50/- as notice charges has been rejected.