UNION OF INDIA Vs. M/S. AJMERA BROTHERS

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. MP Sarma, the learned counsel appearing on behalf of Mr. U.K. Nair, the learned senior counsel for the appellant and Ms. M. Sarma, the learned counsel for the respondent.

(2.) This appeal under section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment and order dated 29.07.2010 passed by the learned Railway Claims Tribunal, Guwahati Bench, Guwahati in Claim Case No. 205/2002. By the impugned order, the appellant was found liable to pay Rs. 23,324/- as loss against the value of 2450 Kg. of rice calculated at the rate of Rs. 9.52 per kilogram and the appellant was liable to pay 6% interest per annum from the date of filing of the application, requiring the appellant to make payment of the said sum within 90 days from the date of the order failing which the amount would carry further interest of 7% per annum till realization. The appellant was also held liable to pay proportionate cost of application fee of Rs. 1198/- and legal practitioner's fee of Rs. 1,234/-.

(3.) The short facts of the case is that the respondent was to receive 1156 bags of rice being 50 Kg each which was booked on 27.08.1999 from Palakollu to New Guwahati under Receipt No. 07-D-031015. According to the respondent No. 1, at the destination, 49 bags of rice were delivered short by the appellant. The appellant was served notice dated 08.10.1999 under Section 106 of the Railway Claims Act, 1989. Having not received the value of goods, a claim application was filed before the Railway Claims Tribunal, Guwahati, claiming the value. During trial, the learned Tribunal has framed the following issues: