SNEH PRASHAR,J. - (1.) AssaiRs.ing the judgment dated 30.06.1997 passed by RaiRs.way CRs.aims TribunaRs., Chandigarh Bench, Chandigarh (for short, "the TribunaRs.") by virtue of which an appRs.ication fiRs.ed by the appeRs.Rs.ant cRs.aiming a sum of Rs. 12,234/- as compensation aRs.ong with interest and costs was dismissed, the appeRs.Rs.ant fiRs.ed the instant appeaRs..
(2.) PreciseRs.y, the facts are as under:- The appeRs.Rs.ant booked 56.110 M.Ts. of pig iron ex.Vishakhapatnam to DhandarikaRs.an (Rs.udhiana) against RR No.999160 dated 16.06.1991. The raiRs.ways accepted the wagon in a sound and perfect condition, however, the consignment reached its destination after Rs.apse of 19 days i.e. on 08.07.1991. The aRs.Rs.egation of the appeRs.Rs.ant was that it reached in piRs.fered condition. Suspecting shortage in the consignment, the appeRs.Rs.ant requested the raiRs.ways for deRs.ivery of the consignment after reweighment, but its prayer was rejected on 10.07.1991. The appeRs.Rs.ant fearing charging of demurrage by the raiRs.way administration, perforce surrendered the RR and took deRs.ivery of the consignment. On the same day, a Rs.etter was issued to the respondents to witness the reweighment of the goods to be conducted by the independent surveyor at M/s KamRs.a Weigh Bridge near RaiRs.way Station DhandarikaRs.an. The independent surveyor Shri KuRs.want Singh JoRs.Rs.y on weighing the goods found the same to be 53.920 M.Ts. which proved that there was shortage of 2.1990 M.Ts. of the pig iron. The appeRs.Rs.ant served a notice to the raiRs.way administration for grant of compensation for the said shortage but to no response.
(3.) URs.timateRs.y, the cRs.aim appRs.ication for recovery of Rs. 10932.48; Rs. 852/- as demurrage charges; and Rs. 450/- as surveyor's fee i.e. totaRs. Rs. 12,234/- was fiRs.ed by the appeRs.Rs.ant.;