UNION OF INDIA Vs. NUMALIGARH REFINERY LTD

JUDGEMENT

(1.) Heard Mr. B. N. Gogoi, learned counsel for the appellants. Also heard Ms. M. Sharma, learned counsel for the respondent.

(2.) This application has been filed under Sec. 23 of the Railway Claims Tribunal Act, 1987, against the impugned Order dtd. 5/5/2016, passed by the learned Member (Judicial) of the Railway Claims Tribunal, Guwahati Bench, in Claim Application No. OA/III/127/2015 (Old)/Claim Application No. OA/III/Ghy/2015/0127 (New), wherein, the claims of the present respondent/applicant were allowed, and an amount of Rs.51,00,252.00 (Rupees Fifty-One Lakhs Two Hundred Fifty-Two) was awarded, along with simple interest at 6% per annum from the date of booking, i.e., 1/3/2013, until the date of this order, to be disbursed through ECS upon providing bank account details. Additionally, it was directed that a proportionate application fee of Rs.27,967.00 and a Legal Practitioner's fee of Rs.3,000.00 be paid.

(3.) The brief facts of the case is that total 50 train load of petroleum products, including HSD and SKO, were transported from Numaligarh Refinery Oil Siding (hereinafter 'NRSR'), Rangapani (RNI) to Budge-Budge on different dates from 11/9/2012 to 1/3/2013, according to the forwarding note executed by the consignor to the Railway Administration for carriage. The present respondent/applicant was required to pay the freight charges, including terminal charges at the booking station, as specified in Clause III of the Tripartite Agreement. However, due to the provisions of the said agreement, the entire transaction was processed, and the place of payment was shifted to Guwahati, regardless of the loading location.