SUNRISE TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant in this case is M/s Sunrise Traders and the respondent is The Union of India represented by the General Manager, NF Railway.

(2.) Heard learned counsel Mr. D. Rathi for the appellant and learned Special Senior Railway Advocate, Ms. U. Chakrabarty for the respondent.

(3.) The appellant's case in brief is that on 21/5/2010, by Invoice No. 118, and Railway receipt No. 212051816, 883 packets of potatoes weighing 45 kgs each were booked from (Delhi Kishanganj) DKZ to (New Gauhati) NGC. At destination, it was found that the potatoes in the packets were damaged and rotten and unfit for human and animal consumption. The potatoes got damaged owing to the delay in delivery and the respondent was thus liable to pay compensation. Moreover, Railways collected Rs.9,500.00 towards demurrage charge and the appellant is entitled to realize the demurrage charges from the respondent. 883 packets containing 4 quintals of potatoes were valued at Rs.1,200.00 per quintal and the respondent is thus liable to pay a compensation of Rs.4,80,000.00.