LAWS(MPH)-2004-9-1

MAHENDRA KUMAR AND COMPANY Vs. UNION OF INDIA

Decided On September 06, 2004
MAHENDRA KUMAR AND COMPANY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS Misc. Appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the order dated 12-12-1997 passed in O. A. No. 86/97 by the Railway Claims Tribunal, Bhopal Bench.

(2.) BRIEFLY stated, the appellant dispatched 45 bags of raw mangoes booked on 24-7-1996 Ex Nizamuddin to Bhopal. As per the appellant the consignment reached the destination after considerable delay, as a result of which the raw mangoes were totally damaged and foul smell was emitting out. The appellant took the delivery of goods but the contents being badly damaged, rotten and unfit for human consumption he left the consignment in the premises of the Railway administration.

(3.) THE appellant vide notice dated 20-8-1996 claimed compensation of Rs. 24,900/- towards damages and loss sustained by him. Since the compensation was not paid he filed an application for compensation before the Railway Claims Tribunal Bench Bhopal. The Claims Tribunal issued notice to the respondent. The respondent appeared and filed their reply. After recording the evidence by way of affidavits the Tribunal heard arguments of the parties and vide impugned order partly allowed the claim of the appellant and directed the respondent to pay compensation of Rs. 960/- with interest at the rate of 10%. Feeling aggrieved the appellant has preferred this appeal.