UNION OF INDIA Vs. RAMESH AND CO.

JUDGEMENT

(1.) Heard Mr. G. Goswami, learned standing counsel appearing for the appellant Railway as well as Ms. M. Sharma, learned counsel appearing for the private respondent.

(2.) The present appeal is directed against the judgment and order dtd. 10/1/2011, passed by the learned Railway Claims Tribunal, Guwahati, in Claim Application No.OAI/GHY/2004/0441 (Old No.441/04), whereby the respondent/appellant was directed to pay an amount of Rs.57,375.00 (Rupees fifty seven thousands three hundred seventy five) only along with interest @ 6% per annum, from the date of filing within three months, failing which the amount shall carry interest @ 7% per annum till realization. The Railway shall also pay proportionate costs of application fee Rs.2500.00 and Legal Practitioner's fee of Rs.1500.00.

(3.) According to the applicant, a clubbed consignment (300 packets of dried peas and 400 packets of Arhar Dal) was booked from DKZ to NGC vide Invoice No.1966, RR No. 340314, on 24/3/2003. At destination, as per Delivery Certificate, 45 packets of Arhar Dal found short. As per applicant @ Rs.25.50 per kg., the compensation amount comes to Rs.57,375.00 for which the applicant has filed the claim petition and stated that the respondent railway is fully liable for the abovemen-tioned loss.