MADHU NAHATA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment dated 28.9.2004 passed by the Railway Claims Tribunal, Kolkata at Patna in Claim Application No. OC -9800149 whereby it has directed the respondent railway administration to pay Rs. 39,700/ - as compensation to the appellants on account of loss of 794 bags of iodized salt for non -delivery of the same booked by the original appellant.

(2.) THE appellants have filed this appeal for enhancement of the compensation amount. The case of the appellants is that Shree Karni Salts through its Proprietor Chhatan Singh Nahatta of Gulab Bagh, Purnea had booked 794 bags of iodized salt under R.R. No. 308250 dated 6.3.1995 from CHIB to Purnea Court, but due to negligence of the railway administration, the consignment was never delivered. The appellants hence, sustained a loss of Rs. 79, 400/ - the cost of each bag being Rs. 100/ -. The appellants served statutory notice on the railway administration but to no effect.

(3.) THE appellants, hence filed an application under Sec. 16 of the Railway Claims Tribunal Act, 1987. for compensation for the loss sustained on account of non -delivery of the goods with interest pendente lite and future alongwith cost.