MADHYA PRADESH VIDHYUT MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 against the order dated 6.9.1995 of the Railway Claims Tribunal, Bhopal whereby the claim preferred by the Appellant - Madhya Pradesh Electricity Board (for short 'the Board' has been partly rejected towards damages sustained by them due to the alleged negligence of the staff of the Railway.

(2.) THE facts not in dispute are that an electric transformer was consigned to the railway for carriage to Datiya on 8.2.1986. At Datia Station, when the transformer was being unloaded with the help of crane supplied by the Railway, the iron rope fitted to the crane for lifting the transformer brckedown. As a result the transformer fell on the railway track and was damaged. The damaged transformer was jointly inspected by the representatives of the Railway as the carrier, the Board as the consignor and owner of the goods, and BHEL which had supplied the transformer. In the joint inspection made on 19.3.86, according to the Board on external examination of the transformer, the damage was provisionally assessed at Rs. 6000/ - for which a claim Ex.D/6 dated 24.6.86 was lodged with the railways by a notice under Section 77/78 -B of the Railways Act, 1890.

(3.) THE transformer was then transported and sent to BHEL (manufacturer) at Bhopal which after opening the transformer found interior damages and for repairs charged a total sum of Rs. 1,94,920/ -. Thereafter, the Board revised its claim for damages from Rs. 6000/ - to Rs. 1.85/ - lacs. Since the railways did not satisfy the claim towards damages the Board filed a civil suit in the court of District Judge, Datia. During pendency of the civil suit Railway Claims Tribunal was constituted under Railway Claims Tribunal Act and under Section 24 of the said Act the civil suit stood transferred to the tribunal for trial and decision.