KRISHNA KUMAR SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant against dismissal of his claim by Railway claims tribunal, Bhopal vide decision dated 9. 11. 2004 in O. A. No. 454/2002.

(2.) BRIEFLY stated facts as averred in the claim petition are that the claimant ' appellant is a fruits and vegetables vendor. A consignment was sent on 17. 2. 2000 by parcel vide Railway receipt No. 034867 containing 21 bags of lemon weighing 567/570 Kgs. from Bhusawal Station to Bhopal. Additional surcharges were also plaid for speedy delivery because it contained item of perishable nature. The consignment ought to have been received at Bhopal on 18. 2. 2000, however, due to mistake, the parcel was not unloaded at Bhopal and was allowed to be carried to further. It was brought back and was delivered to the appellant on 20th of february, 2000. Appellant had made complaint on 18. 2. 2000 to the Chief Parcel observer who informed that mistakenly the parcel could not be unloaded at Bhopal and was allowed to travel further.-ft was stated, thus, there was negligence and misconduct on the part of Railway employee. The consignment of parcel was received by the appellant at Bhopal Railway Station on 20th of February, 2000 in a damaged condition. However, it was certified by the delivery clerk that the consignment was delivered in proper condition. It is stated that on account of damage caused to the lemon, the claimant suffered a monetary loss of Rs. 19950/ -. This amount was claimed with interest.

(3.) STAND of the respondent was that there was no negligence or misconduct on the part of its employee. Moreover, the claimant/appellant did not suffer any monetary loss.