ASSOCIATED CEMENT COMPANIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 2.8.2913 passed in Case No. OA-i/rNC/2012/ 0008, whereby the claim, under Sec. 16 of the Railways Claims Tribunal Act, 1987. for compensation for non-delivery of the goods worth Rs. 54.438.00 was dismissed.

(2.) Respondent-Railways filed the written statement stating that the loading was not supervised by the railway staff. That due to excessive and uneven loading by the consignor two wagons collapsed. That it was due to the negligence and wrongful act of the consignor the goods could not be delivered and the loss suffered by the claimant is due to his wrongful act consequently the respondent/railways are in no way responsible for the alleged shortage/non-delivery of the goods, and are not liable to pay the compensation.

(3.) Learned counsel for the claimant-appellant has submitted that the burden and onus lies on the respondent to prove that it was due to excess weight that the wagons had capsized.