UNION OF INDIA Vs. SATYA NARAYAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 3rd April 1996passed by Railway Claims Tribunal in Application No. Y3/18/2.

(2.) IT was a case of booking of a consignment of maize and its shortdelivery. The respondent filed the aforesaid case and the RailwayClaims Tribunal, on the oasis of certain admitted documents, granted anamount of Rs. 11,663.50 as compensation to the respondents. Theappellant challenged the aforesaid order of the Railway Claims Tribunalon the ground that the consignment was loaded directly into the wagonand the sender's weight given by the consignor was accepted as weightof consignment. The Railways did not weigh the consignment itself andthe RR in its endorsement stated that the consignment was said tocontain a particular weight. The loading was not supervised by theRailway authority. The Wagon had reached its destination with the sealsintact. However, one of the seals was found to have cracked onverification. On the basis of the aforesaid admitted facts, theappellant's lawyer submitted that the Railways was not liable to payany compensation to the respondents; because neither the Railways hadweighed the consignment nor the loading was supervised by the Railwayauthority.