LAWS(GAU)-2016-4-49

THE UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAYS, Vs. M/S SUNRISE TRADERS, JAIL ROAD, FANCY BAZAR, GUWAHATI

Decided On April 21, 2016
The Union Of India, Represented By The General Manager, N.F. Railways, Appellant
V/S
M/S Sunrise Traders, Jail Road, Fancy Bazar, Guwahati Respondents

JUDGEMENT

(1.) Heard Mr. D.K. Dey, learned counsel representing the appellant i.e. General Manager, N.F. Railway, as well as Ms. M. Sarma, learned counsel representing the respondents.

(2.) This appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment dated 18.11.2008 passed by the learned Railway Claims Tribunal, Guwahati Bench in Application No. 451/2000, whereby a direction was made to the Railway Authorities for making payment of Rs.47,400.00 to the respondents together with interest @ 6% per annum from the date of institution of the claim application within three months thereof. Order was also passed to the extent that upon failure to do so the amount shall carry interest @ 7.5% per annum until realisation. The cost of application fee and the legal practitioner fee was also awarded.

(3.) Facts briefly are that a consignment of onions was booked by the Maharashtra State Cooperative Marketing Federation Limited at Manmad Railway Station in Maharashtra for delivery at New Guwahati (NFR). The consignment contained 951 packets of onion weighing 380.40 quintals. Upon unloading of the consignment at New Guwahati, 321 packets of onions were found to be in damaged and rotten condition.