UNION OF INDIA Vs. GAUHATI TRADING COMPANY

JUDGEMENT

(1.) This appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the order dated 12-2-91 passed in O. A. No. 13 of 1989, by the Learned Railway Claims Tribunal, Gauhati Bench at Gauhati awarding Rs. 9,773.00 in compensation for damage to the respondent No. 1.

(2.) The brief facts of the case are as follows :

(3.) The applicant sent a consignment and the consignment was delivered to the applicant on 1-1-87 and at the time of taking delivery it was found that 46 tons out of 594 tins of H. Oil were indented and cracked condition and as a result thereof the shortage was found to the extent of 528 Kgs. on H. Oil. The case of the applicant was that the shortage was caused due to the negligence and misconduct on the part of the agents/servants of the Rly. Admn. in transit and as such there was a prayer for a decree for sum of Rs. 11,088/-. The Tribunal found that according to the bill Exbt. 6 the price of the goods comes to Rs. 9,467/- and it was this amount which was decreed according to the Exbt. 6 and Beejuck.