UNION OF INDIA Vs. MUSE RAM KISHUN PRASAD

JUDGEMENT

(1.) BEING aggrieved by the order dated 1-3-96, passed by Railway Claims tribunal, Bhopal, in Case No. OA/173/95, the appellant Union of India, through the General Manager, Central Railway, Bombay V. T. has filed this appeal under Section 23 of Railway Claims Tribunal Act, 1987.

(2.) THE facts needed to be stated are that jaggery was booked on 29-4-92vide R. R. No. 094081 from Anakapalle to Jabalpur. The goods reached the destination after undue delay of 145 days on 20-9-92 and at the time of delivery there was short delivery of 23 lumps and there were damages in 756 lumps. According to the damage certificate the damage was of 64. 52 quintal of jaggery. After service of notice claim petition was filed by the respondent.

(3.) THE Claims Tribunal on the basis of the material produced by the parties held that the appellants were negligent and are liable to pay rs. 40,000. 00 with pendente lite and future interest at the rate of 10% per annum. The appellants have also been held liable to pay the costs of the proceedings to the respondent.