UNION OF INDIA Vs. V GAVARRAJU FIRM

JUDGEMENT

(1.) The Railways, through the Union of India, is the appellant herein aggrieved against the orders in O.A. No.50 of 1994 dated 3-5-1996 on the file of the Railway Claims Tribunal, Secunderabad.

(2.) The respondent applicant laid a claim for compensation of Rs.71,930-40 for the short delivery of the goods which have been booked by them as per the R.R. dated 11-9-1993 to be transported from Dwarapudi to Gauhathi. According to the respondent, the consignment consisted of 1134 rice bags of 50 kgs. each. However, at the destination point it was found mat there was a short delivery of 192 bags. Hence the claim for the value of the said goods along with freight charges and interest.

(3.) The appellant contested the said claim denying any role by it nor any responsibility as such for such shortage. It was the case of the appellant specifically that the responsibility of loading and also the quantity as such is with the consignor and the Railways have no role at all. Admittedly, the seals were there at the starting point and also at the destination point. It is not the case of the applicant that there is any such loss due to either theft or otherwise. In the circumstances, it was pleaded that the Railways cannot be held liable for such compensation.