UNION OF INDIA Vs. P. P. ENTERPRISE

JUDGEMENT

(1.) None appears for the appellant. Heard Ms. M. Kalita, learned counsel for respondent.

(2.) This appeal has been preferred under Sec. 23 of the Railways Claims Tribunal Act, 1987 against the judgment and order dtd. 17/4/2012 passed by the learned Railway Claims Tribunal at Guwahati Bench in Claim Application No. OA-I/GHY/2002/0179 (old No. O.A.179/02) allowing the claim of the respondent/applicant as compensation amounting to Rs.72,720.00 only along with interest @ 6% per annum.

(3.) The case of the applicant/respondent is that the claimant booked the consignment of 172 katta cartoon in wagon No.72510 from GIMB to New Guwahati under invoice No.4, RR No.974186 dtd. 29/10/1999 in safe, sound and secured condition under Railway Risk Rate after meeting all legal and statutory inspections as per Railway Rules. At the time of unloading at destination New Guwahati, the applicant/respondent found that wagon seal and card lebels were absent and door was found in open condition. On unloading, in presence of CGS/ NGC and other Railway officers on duty, it was found that 119 katta cartoon in loose condition and total 4040 kg of sugar found short and all the facts were verified by the railway staff on duty and recorded all those description about shortages in the railway records known as 'unloading tally book".