UNION OF INDIA Vs. B B ENTERPRISE

JUDGEMENT

(1.) THIS is an appeal under section 23 of the Railway Claims Tribunal Act, 1987 challenging the judgment and award dated 03.01.2005 passed by Railway Claims Tribunal, Guwahati Bench in application No. 510/2001. By that judgment the Tribunal directed the Railway Authority to pay a sum of Rs. 50854 being the balance damage compensation along with interest at the rate of 6% per annum on the said amount.

(2.) THE case of the claimant before the Tribunal was that as many as 9352 bags of Cement were booked under the railway invoice No. RR No. 1/996968 dated 27.06.2000 from New Bongaigaon to North Lakhimpur. Out of the aforesaid 9352 bags as many as 1275 were reportedly found to be in damaged condition accounting for 10% salvaged value. The learned Tribunal assessed the compensation at Rs. 1,23,520/ - and deducted a sum of Rs.72,666/ - from it which was paid by the Railway Authority during the pendency of this claim proceeding to the claimant. Accordingly, the Railway Authority was directed to make the payment of the balance amount.

(3.) PREFERRING an appeal against this judgment, it is the case of the Railway Authority that during pendency of the claim proceeding before the Tribunal, the Railway Authority made an offer to the claimant that if the amount was not acceptable to the claimant, it should return the cheque and should encash the same. According to the Railway Authority, the claimant accepted the amount, encashed the same and got the money but even thereafter proceeded to claim before the Tribunal.