GURU PRASAD CHHOTARAY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment and award dated 16.06.1997/06.12.1997 passed by the Railway Claims Tribunal, Bhubaneswar in O.A. No.40 of 1996. Initially, the matter was heard by a Division Bench of the Tribunal consisting of the Member (Technical) and Member (Judicial). The Member (Technical) assessed the liability of the railways at Rs.2,600/ - with interest at the rate of 12% per annum from the date of application, i.e., 23.08.1996, and cost of Rs.370/ -. The Member (Judicial), however, assessed the said liability at Rs.65,500/ - with interest at the rate of 12% per annum from 14.06.1996 along with Rs.1857/ - towards application fee and Rs.1521/ - towards Advocates fee. Since there was conflicting of opinion, the matter was referred to the third Member, namely, Member (Judicial) Ghaziabad, who agreed with the view taken by the Member (Technical). Thus, by majoring, the Tribunal awarded an amount of Rs.2,600/ - with interest at the rate of 12% per annum from the date of application, i.e., 23.08.1996 and cost of Rs.370/ -.

(2.) CASE of the appellant is that after his arrival at New Delhi from Soudi Arabia, he boarded Rajdhani Express on 14.06.1996 for Bhubaneswar and booked the luggage of eleven cartoons on payment of necessary freightage as advised by the Railway authorities. On verification at Howrah station, he found that one out of the eleven cartoons was missing and informed the fact to the concerned Railway staff. Ten cartoons were delivered to him at Bhubaneswar. Thereafter, complaint was lodged before the Railway authorities at Bhubaneswar and on their failure to do anything, the matter was carried to the Railway Tribunal where claim of Rs.65,500/ - was laid.

(3.) IN order to prove its case, the appellant examined himself and proved 21 exhibits. The Railway examined none but exhibited one document.