RASHID KHAN MAJID KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) BEING aggrieved by the Order dated 1 -2 -1996, passed by Railway Claims Tribunal, Bhopal in Original Application No. 311/92 partly awarding the claim for compensation the appellant/claimant has filed this appeal under section 23 of the Railway Claims Tribunal Act, 1987.

(2.) THE facts necessary for the disposal of this appeal pithily narrated are thus : -

(3.) LEARNED Counsel for the appellant vehemently argued that in the affidavit filed by the appellant it was specifically stated that the price of onion was Rs. 4 per Kg at Naini Station at the relevant time. No affidavit was filed by the respondent in the rebuttal. When the Tribunal itself has recorded a finding that 5,810 Kgs of onion were damaged, the total compensation comes to 5810 x 4 = Rs. 23,240. Therefore, the Tribunal must have awarded Rs. 23,240 towards damages.