MAHENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This miscellaneous appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed assailing the order dated 03.09.1997 passed in O.A. No. 41/97 by the Railway Claims Tribunal Bench at Bhopal wherein the application for compensation on account of short delivery/shortage and damages in case of eight consignments containing a variety of vegetables, have been disallowed.

(2.) It is appellant's case that the appellant sent eight consignments through the railways, which reached the destination not only delayed but also in damaged condition. The appellant, therefore, requested the Railway Authorities to assess the losses and grant the valid damage certificate but the respondent failed to provide any certificate or make any endorsement in the delivery book regarding the loss. Therefore, appellant submitted claim for compensation for the loss and damages stating that nine bags of lemon were booked in good condition whereas five bags did not reach the destination weighing 70 kgs. Similarly, out of eight bags of french beans, seven bags were not delivered. Out of twenty two bags of ladies finger, twelve bags were not delivered and 145 kgs. of bhindis (lady's finger) were received in damaged and unfit condition. The learned Railway Claims Tribunal, Bhopal by the order impugned disallowed the claim stating that the appellant is not entitled for any relief as in case of seven consignment, the respondent/railways have proved that delivery was given to the appellant under clear signature and about the eight consignment, there is no mention of the same in the notice under Section 106 of the Railways Act.

(3.) On behalf of the appellant, it is claimed that the appellant received short delivery and, therefore, he suffered the loss. The appellant requested to grant assessment delivery report to the Railway Authorities, but the respondent repudiated requests on the ground that the consignment was booked at the owner's risks. Similarly, the appellant is not allowed to make any endorsement in the delivery book. The Railways Authorities were approached for grant of assessment delivery report but as the same was not given Statutory notice under Section 106 of the Railway Act was issued and, subsequently, claim for compensation of Rs.7,224/- was filled.