DIPAK TEXTILES Vs. UNION OF INDIA

JUDGEMENT

(1.) BEING aggrieved by the order dated 15th March, 1999 passed by the railway Claims Tribunal, Bench at Bhopal, in O. A. No. 188/98, whereby the learned Tribunal has awarded a sum of Rs. 4,400/-, this appeal has been filed under Section 23 of the Railway Claims Tribunal Act, which shall be referred hereinafter as Act.

(2.) IN short, the case of the respondent was that the respondent purchased handloom clothes from Ranipur, Jhansi, on 7-5-1995 for a sum of rs. 36,854. 48 paise. The respondent spent Rs. 280/- towards packing charges. Goods were booked from Jhansi for being transported to Harda for which a sum of Rs. 103/- was paid by the appellant of which receipt No. 46295 was given by the booking clerk of the respondent. Case of the appellant was that the appellant travelled by Jhelum Express from Jhansi to Harda on 7-5-1995 and the goods were loaded in brake-van of the same train. The goods were not unloaded at Harda and was over-carried. Further case of the appellant is that in spite of repeated requests and reminders, the goods could not be traced, ultimately, after lapse of five months, one bale was received at Harda, which was given to the appellant wherein, clothes valuing Rs. 13,852/- were delivered. After issuing the notice, appellant filed the claim of Rs. 34,268/-, which includes the price of remaining clothes valuing Rs. 24,969/-, packing charges, freight, interest etc.

(3.) THE respondent submitted the reply before the learned Tribunal wherein it was submitted that the goods were booked under L. T. No. 46295, dated 7-5-1995 in two bales of handloom clothes which were loaded by 1078 UP jhelum Express on 7-5-95 but at the destination one bale was received short. Appellant admitted that shortage certificate was issued but was without prejudice to the railway rights under the law. It was denied that on account of carelessness of the railway staff the appellant suffered the loss for which the appellant is liable for payment of Rs. 34,268/ -. It was prayed that the claim petition be dismissed.