UNION OF INDIA Vs. AGGARWALS AND AGGARWALS

JUDGEMENT

(1.) This appeal, under Sec. 23 of the Railway Claims Tribunal Act, 1987, is against the award dtd. 30/5/1997 made by the Railway Claims Tribunal, Jaipur Bench in OA-I-No.204/1995 whereby the learned Tribunal allowed compensation of Rs.9,45,630.55 along with interest @ 12% per annum from the date of application in favour of sole respondent Aggarwals and Aggarwals.

(2.) The case and claim of the respondent is that two consignments consisting of 110 cotton bales J-34 Sawgin, were booked by the respondent-Company with the Railway Administration vide Railway Receipts No.997232 and 997233, both dtd. 7/2/1995 from Sri Ganganager (Northern Railway to Salem) (Southern Railway). The consignment was billed in favour of Sri Rajendra Mills Limited, Salem. The value of the two consignments was Rs.6,11,072.98 and Rs.5,98,355.88, respectively, total amounting to Rs.11,09,428.86. The expected time for reaching the destination was 20 days, however, the consignment did not reach at the destination uptill 25/3/1995 as representative of the respondent was regularly making inquires at Salem Junction. The representative of the respondent, on inquiry, was informed by the Railway Authorities that since consignments are booked at Railway's Risk Rate, the respondent would be informed soon on the arrival of the consignment.

(3.) Mr. Sanjay Mishra, learned counsel for the appellants contends that Railway Claims Tribunal, Jaipur Bench had no jurisdiction to entertain the claim petition of the respondent in view of the specific provisions under Rule 9 of the Railway Claims Tribunal (Procedure) Rules 1989 (hereinafter to be referred as the "Rules of 1989") as to the benches having territorial jurisdiction. The said provision is being reproduced below:-