UNION OF INDIA Vs. BAJRANGLAL JUGALKISHORE

JUDGEMENT

(1.) THIS appeal is at the instance of the Eastern Railway and is directed against the award passed by the Railway Claims Tribunal, Calcutta, in Claim application No. 574 of 1999 thereby allowing the claim petition by directing the railway Authority to pay Rs. 23,116/ -.

(2.) THE facts giving rise to filing of this appeal may be summed up thus:

(3.) MR Banerjee, the learned advocate appearing on behalf of the Railway authority, has, by drawing our attention to the fact that the claimant removed the goods without any protest, contended that unless a demand was made for reweighment at the destination, the claim made by the respondent was not entertainable. Mr Banerjee submits that if any demand was made for reweighment with proper application and if such prayer was refused, the claimant could pray for refund of the amount. He, therefore, prays for setting aside the award passed by the Tribunal.