UNION OF INDIA Vs. BIMAL KISHORE

JUDGEMENT

(1.) HEARD Mr. Gautam Bose, counsel for the appellant and Mr. Uma Shankar, counsel for the respondent and perused the record of claim case filed by respondent before Railway Claims Tribunal,Patna Bench and with consent of parties, these appeals (M.A. Nos. 23 to 27 of 1999) are disposed of by a common order.

(2.) ADMITTEDLY , bags of Iodised salt were booked from Phalodi/ Nawa City (Rajasthan) Railway Station to Jamui (Bihar) Railway Station vide R.R. Nos. 140504 and 140510 dated 4.7.1997 and R.R. Nos. 047925, 047934, 047938. dated 15/16.9.1997. Loading was not supervised by the Railway staff. According to the claimant on delivery of those bags, there was shortage.

(3.) APPLICATION nos. OC9800147, OC9800157, OC9800175, OC9800179 and OC9800182 were filed by the respondent before Railway Claims Tribunal, Patna Bench for granting compensation on account of non -delivery of bags of Iodised salt. According to him, out of 1660, 1669, 784, 1160 and 777 bags booked, respectively 151, 200, 195, 159 and 173 bags of Iodised salt was. found short. The Station Manager, Jamui, Flailway Station granted certificates for actual number of bags delivered. A compensation of Rs. 70/ - per bag was claimed. Notice under Section 106 of the Railways Act, 1989 (hereinafter referred to as the Act) was served in time before filing claim applications.