AI Structured Summary
Not yet generated for this judgment
Judgment
S.K. Kar, J.—This is an appeal filed u/s 23 of the Railway Claims Tribunal Act, 1987, against the order dated 18.11.1998 passed by the learned Railway Claims Tribunal, Guwahati, in Application No. 34/97 (Misc. 90/91).
The material facts, in brief, may be stated as follows :
A consignment of 180 bags of Mustard seeds, booked under invoice No. 45/412957 dated 16.6.1988 from Mathura to New Guwahati was delivered at the destination in a damaged condition and out of 180 bags of Mustard seed 49,35 qntl. were found short. The appellant preferred an application before the Railway Claims Tribunal, Guwahati for a compensation of Rs. 32,176.00 at the rate of Rs. 652 per quintal but was awarded only Rs. 19,400.00 @ Rs.500 per quintal.
Heard the learned counsel for both sides. Perused the relevant materials in the case record that was called for and forwarded.
The limited submissions of the learned counsel for the appellant is that the decision of the. Tribunal to fix the price of the short/damaged delivery of the goods was arbitrary and accordingly liable, to be struck
down.
The learned Standing Counsel for the Railway, submits that the appellant could not adduce Convincing evidence before the Tribunal to claim appropriate amount of compensation and accordingly, there was nothing wrong in passing the order by the Tribunal. That no document to reveal the market rate at the relevant time was produced before the Tribunal.
The appellant''s claim was assessed by holding as follows :
"....However, the price of Rs. 6 per kg is considered on the high side in view of the date of booking. No beejuk produced by the appellant. We considered the price @ Rs. 4 per kg is a reasonable cost of the consignment."
A simple reading of this finding of the Tribunal will show that it had not applied its judicial mind to assess the correct value of the mustard seeds that was delivered short. The Tribunal could have asked for better evidence or accepted the Kamrup Chamber of Commerce''s rate as given by appellant. I find no reason for the Tribunal to assess the value of the Mustard seeds at its own discretion at Rs. 6 per kg.
In the result, the appeal is allowed. The case is sent back, setting aside the impugned order dated 18.11.1998 to the learned Tribunal for reassessment of proper value of short delivery in accordance with law preferably by six months next.
Send down the LCR.