UNION OF INDIA Vs. VIJAY LAXMI TRADERS

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 28-7-1998 passed by Railway claims Tribunal, Bhopal in T. A. No. 1772/1990, whereby the learned Tribunal has directed the appellant to pay an amount of Rs. 10,000/- to the respondents with interest @ Rs. 12% per annum with effect from 2-8-1993 till payment with costs, the present appeal has been filed.

(2.) THE short facts of the case are that the claim of the respondents was for non-delivery of goods sent vide railway receipt P. W. B. No. 364287, dated 20-10-1981 whereby the goods were sent from Jabalpur to Mumbai but could not reach to its destination. A complaint thereof was made, notice was given on 12-4-1982 by both the consignee and consignor under Section 78-B of the railways Act and it was acknowledged by the railways on 16-4-1982. Since the claim could not be settled by the railway authorities, the consignor filed claim alleging that the goods were handed over to the appellant at Jabalpur in two packages containing (one case terycotton cloth and one case G. P. cotton cloth)with value declared on each case for being carried from Jabalpur to Byculla. It was alleged that usual period of transit of parcels from Jabalpur to Byculla is hardly 2 to 4 days and accordingly the parcels ought to have been carried and delivered at destination by or about 24-10-1981. Appellant failed to perform the contract of carriage to deliver the goods within such reasonable period of time. It was alleged that on 19-3-1982, the consignee was informed that two cases were identified pertaining to them and the consignee was asked to accept open delivery thereof. When nothing was found in these two cases on comparison with the supply invoice, a list of contents was made out and a certificate of short delivery was given to the consignee. The consignee valued the claim at rs. 10,066/- one of the parcels containing terycotton cloth and other cotton cloth. It was prayed that appellant be directed to pay a sum of Rs. 10,000/-together with interest @ 18% per annum from the date of filing of the suit till the date of realization.

(3.) THE appellant submitted the written statement wherein it was alleged that respondent had booked parcel containing "terycotton cloth which fall in the category of excepted articles" mentioned in Schedule II under Section 78-B of the Railways Act, which requires the value of such articles to be declared and if it exceeds Rs. 500/-, percentage charges should be paid thereon in addition to the freight due on the value so declared by way of compensation for the increase risk. It was also case of the appellant that appellant has prescribed separate type of forwarding note to be executed by the consignee while tendering the goods falling under the category of excepted articles fill up the various claims mentioned therein.