UNION OF INDIA Vs. BHARAT TRADING CO

JUDGEMENT

(1.) This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the judgment and order, dated 23.8.2007, passed by the learned Railway Claims Tribunal, Guwahati Bench, in application No. 275/2004.

(2.) The Respondent herein lodged a claim with the Railway Claims Tribunal, Guwahati Bench, seeking recovery of a sum of Rs. 51,795, the case of the applicant Respondent being, in brief, thus: A consignment of 2474 tins, containing Soya Refined Oil ('SR oil'), was booked with the railways at the railways risk, but, when the consignment arrived at the destination after undue delay, it was found, at the time of unloading of the, consignment, that the wagon did not have any seal and the doors of the wagon were lying open. This apart, on the body of the wagon, no indication, by way of label, or otherwise, was given indicating that the articles kept there were to be protected. The tins of SR oil were found totally damaged and crushed and there was shortage of 1151 kgs. of SR oil. Though the applicant had raised his claim for compensation, no compensation was paid by the railways. Thus, the applicant has sustained substantial loss due to gross negligence and misconduct on the part of the railway authorities and the railway is, therefore, liable to make good the loss, which the applicant has sustained.

(3.) By filing their written statement, the railways denied their liability by contending, inter aha, that the soldering joints of the tins, in question, were leaky and the SR oil flowed out and that there was no negligence on the part of the railway and its employees and, hence, the railway was not responsible for the loss, if any, sustained by the applicant.