UNION OF INDIA Vs. PARDEEP PHOSPHATES LTD

JUDGEMENT

(1.) The present appeal has been filed against the award dated 14.3.2012 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh whereby the claimant has been awarded compensation to the tune of Rs.11,19,379/- along with interest at the rate of 6% per annum from the date of filing the claim petition till the date of order within 60 days and thereafter claimant shall be entitled to simple interest at the rate of 6% per annum.

(2.) Briefly the facts of the case are that M/s. Paradeep Phosphates Ltd. consignor and consignee booked one train load consignment consisting of 40 wagons of DAP fertilizer from PPL siding, Paradeep to destination Ludhiana against invoice and receipt and paid an amount of Rs.34,63,497/- as freight charges. On weighing at two different places, overloading of 10.34 MT was detected and a sum of Rs.17,978/- was raised as punitive freight charges. Thereafter it was re-weighed at Santaldih weigh-bridge and punitive freight charge was raised by Chief Goods Supervisor, Ludhiana vide letter dated 1.12.2006 and the amount was paid at the destination station at Ludhiana.

(3.) The claim petition was filed under section 16 of the Railway Claims Tribunal Act, 1987 and claimed a sum of Rs.11,37,357/- as compensation along with interest.