HASMUKH RUPANI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the order dt. 7-4-1994 in Case No. T. A.-1605/90 by the Railway Claims Tribunal, Bench Bhopal.

(2.) IT is now not in dispute that the appellant/plaintiff carries on his business of Coal and Coke, near New Sabji Mandi, Hamidia Road, Bhopal, in the name and style of 'hasmukh Coal Depot' as its sole proprietor. A consignment of steam coal was loaded by the defendant/respondent from its Chandameta Colliery on 24-1-1986. The aforesaid consignment was booked with the respondent/central Railway from Parasia on 28-1-86 for delivery to the plaintiff at Nishatpura, Bhopal, vide Railway Receipt No. 974516 dt. 28-1-86, particulars of which were : box No. S. E. 96949-steam coal with pay load weight 54. 6 mtr. tonnes charged weight 56. 6 mtr. tonnes, freight Rs. 4,681/ -. The said consignment admittedly reached destination, i. e. Nishatpura, Bhopal on 29-1-1986.

(3.) THE plaintiff/appellant filed a suit for recovery of damages. It was averred that the said wagon arrived at the destination in a disturbed condition and the consignment of coal, was short. On the request of appellant/plaintiff weight of coal delivered to him was taken and shortage certificate No. CGC/nsz/r-86-45 dt. 15-2-86 for 7. 5 metric tonnes of coal was issued. The price of short delivered coal was Rs. 5,400/ -. He was also required to pay Rs. 158/- as demurrage charges, Rs. 400/- as weighment charges, Rs. 9/- as excess freight charges and Rs. 100/- as fee for notice-totalling Rs. 6,067/ -. The plaintiff/appellant filed a suit for recovery of aforementioned amount of Rs. 6,067/-, after serving statutory notice to the defendant.