HAMUMAN PRASAD SARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, under Section 23 of Railway Claims Tribunal (in short RCT) Act, 1987 against order dated 18-11- 98 made by the learned Railway Claims Tribunal in Application No. 106/96.

(2.) The appellant states that 360 bags of rice were booked from KPV (Kashipur) to Silchar under Invoice No. 135/896759 dated 10-7-93. It reached the destination on unusual delay and open delivery was taken. There was shortage of 9777 Kg. of rice and short/damage certificate to that effect was issued by the authority concerned. Appellant preferred a claim for compensation demanding Rs. 68439.00 @ Rs. 700.00 per quintal. A cheque of Rs. 40471.00 was sent to the appellant by Railways and he accepted it under protest reserving his right to further claim and presented such claim for another sum of Rs. 27968.00 later.

(3.) That in deciding the claim learned Railway Claims Tribunal allowed value @ Rs. 450.00 per quintal. That during the relevant period rate of Kamrup Chamber of Commerce was Rs. 580.00 to 620.00 per quintal but in a whimsical and arbitrary way learned Railway Claims Tribunal allowed rate of Rs. 450.00 per quintal. Hence this appeal.