UNION OF INDIA Vs. NATIONAL FERTILIZERS LTD.

JUDGEMENT

(1.) This is an appeal filed by Union of India through General Manager South Eastern Railway, Kolkata under Sec. 23 of Railway Claims Tribunal Act, 1987 (hereinafter the same shall be referred as Act challenging the award dated 22.01.2009 passed by the Railway Claims Tribunal whereby the claim filed by the respondent under Sec. 16 of the Act against the appellant has been allowed and the appellant has been directed to pay an amount of Rs. 1,83,340.00 as compensation along with at the rate of 6% p.a from the date of filing of the claim application till realization. The learned counsel for the appellant submitted that the claim filed by the appellant was miserably barred by limitation but the claim tribunal allowed the claim and the delay was condoned by separate order dated 11.08.2004.

(2.) Facts lie in a narrow compass are that the respondent dispatched consignment of one bag wagon containing 1030 bags of urea from Vijay to Tirodi under R.R. no.395768 dated 16.04.199 The consignment was loaded in wagon no.NR8553 for safe carriage and delivery to the destination station. The aforesaid consignment did not reach the destination station and was not delivered to the consignee at Tirodi. It was alleged that by order dated 13.01.1995 the appellant admitted that the wagon has been mis-dispatched to South Eastern Railway. Another letter was issued on 21.11998 admitting the said mis-dispatched consignment and it was informed that the same is lying at goods office of Eastern Railway, Chitpur. Regarding non-delivery of said wagon to destination station Tirodi, certificate was issued on 30.11.1995.

(3.) The respondent claimant had sent a notice under Sec. 106 of the Railway Act by registered post AD to the appellant on 08.07.1992 and to South Eastern Railway on 07.10.1992. The letters were acknowledged by the appellant but the claim was not paid, therefore, they filed the claim before the Railway Claims Tribunal at Bhopal.