UNION OF INDIA Vs. GOPALJEE

JUDGEMENT

(1.) This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the decision of the Patna Bench of the Railway Claims Tribunal dated 28.7.1995, whereby the claim brought by the consignor-respondent was partly allowed and the appellant has been directed to pay Rs. 39,240/- with 10% interest and cost assessed at Rs.3,200/-.

(2.) The consignor had claimed Rs.82,013/- on account of short/nondelivery of 3 bundles of ready-made garments out of 8 bundles booked on 14.11.1989 on luggage ticket No. 106087 from Howrah to Chapra, due to negligence of railway administration.

(3.) The respondent's claim was resisted by the appellant pleading that the appellant was protected by Section 77-B of the Indian Railways Act, 1890 and hence the claim of the consignor was not maintainable.