JAIN SALT TRADING CO. Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal, under Section 23 of the Railway Claims Tribunal (in short RCT) Act, 1987, arising out of Application No. Misc. 31/98 challenging the order dated 2.11.1998 passed by the learned Railway Claims Tribunal, Guwahati, refusing condonation of delay to admit the claim for hearing on merit.

(2.) THE applicant M/s Jain Salt Trading Company, Main Road, Bongaigaon submitted that a consignment of 795 bags of iodised salt was booked from Chirai Rly, Station to New Bongaigaon under invoice No. 118/ 279951, dated 9.3.1994. The consignment was not delivered at the destination. The appellant preferred claim of Rs. 52229.00 for nondelivery of the same. That the claim preferred was not settled immediately and only on 30.7.1997 the respondent-Railway offered Rs. 40291.00 as compensation which was accepted by the appellant under protest. The claim-petition was thereafter presented on 9.3.1998 for the balance amount of compensation amounting to Rs. 10080.00 alongwith prayer for condonation of delay of one year. The Tribunal refused to condone the delay and dismissed the claim and hence this appeal.