Gopal Krishan Vyas, J. - (1.) THIS appeal has been filed under Section 23 of the Railways Claims Tribunal Act, 1987 against order dated 12.04.1996 passed in O.A. Case No1 -340/94 by the Railway Claims Tribunal, Jaipur (Camp Jodhpur), whereby, the Tribunal partly decreed the claim of the appellant.
(2.) AS per facts of the case, the appellant booked one bale of cloth valuing Rs. 7650/ - Ex. Jodhpur to Palanpur vide parcel way bill No. 371291 dated 03.09.1991. The value of the cloth was declared in P.V. Bill and in the forwarding note. The above consignment was however not delivered to the consignee due to negligence of the Railways. The consignee returned the bill and original P.V. Bill to the appellant. Thereafter, the appellant served notice under Section 78B of the Indian Railways Act under registered A/D cover on 11.11.1991 which was received by the respondents on 13.11.1991. The Railway administration sent a cheque on 17.07.1992 for Rs. 1700/ -. The said amount was not accepted by the appellant because, as per appellant, he was entitled for full cost of the goods according to 'beejak', therefore, the appellant claimed Rs. 7641/ - for the cost of goods and Rs. 4348/ - as interest from the date of booking at the rate of 18% per annum.
(3.) THE respondent did not file any reply in the claim petition filed by the appellant. Learned Tribunal decided the matter in favour of the appellant partially and awarded Rs. 1,800/ - with 12 per cent interest from the date of filing the claim petition.;