MAHENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed under Section 23 of the Railway Claims Tribunals Act, 1987 (in short 'the Act') by the appellant/claimant, being aggrieved by the judgment dated 29.11.2002 passed by the Railway Claims Tribunal, Bhopal in O.A.No.431/2000 dismissing his claim for the sum of Rs.25300/- in respect of loss of lemons, the perishable commodity, during transit from Bhopal to Ludhiana under the consignments with the respondent.

(2.) The facts giving rise to this appeal in short are that the appellant filed his claim before the tribunal contending that he booked two consignments of Lemon comprising 30 bags each vide PW Bill No.529259 and 529260 dated 27.9.1999 from Bhopal to Ludhiana, for which he also paid Mail/Express charges for quick and safe transit of the aforesaid consignments as the contents were perishable. However, on account of carelessness and negligence of the respondent/railway administration, such consignments did not reach to its destination upto 01.10.1999, on which he lodged a complaint at Ludhiana in this regard on 01.10.1999 requesting the Chief Parcel Supervisor, Ludhiana to issue shortage/damage/nondelivery certificate but the same was not issued. Subsequent to it, he submitted both the aforesaid PW Bills before the CCO of the respondent for settlement of the claim but the same was not settled by the respondent's officials, on which, he gave a notice to the respondent's officials on dated 6.10.99 and preferred his claim before the tribunal for the sum of Rs.25300/-along with interest at the rate of 12% per annum on dated 7.12.2000. The copies of the PW Bills, the complaint lodged at Ludhiana, Bills about purchasing the aforesaid Lemons, notice under section 106 served on the respondent and copy of the application requesting issuance of non-delivery/damage certificate, are annexed with the claim petition.

(3.) In reply of the respondent/railway administration, the averments made by the appellant are denied.