BIRENDRA KUMAR
Union of India through the Secretary, Ministry of Railways, New Delhi – Appellant
Versus
Aggarwals and Aggarwals – Respondent
JUDGMENT :
1. This appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is against the award dated 30.05.1997 made by the Railway Claims Tribunal, Jaipur Bench in OA-I-No.204/1995 whereby the learned Tribunal allowed compensation of Rs.9,45,630.55 along with interest @ 12% per annum from the date of application in favour of sole respondent Aggarwals and Aggarwals.
The sole respondent had preferred claim of Rs.10,58,931/-for damage caused to the cotton bales of the claimant booked with the Railways for carrying the same from Sri Ganganagar to Salem Railway Station at “Railway’s Risk Rate”.
2. The case and claim of the respondent is that two consignments consisting of 110 cotton bales J-34 Sawgin, were booked by the respondent-Company with the Railway Administration vide Railway Receipts No.997232 and 997233, both dated 07.02.1995 from Sri Ganganager (Northern Railway to Salem) (Southern Railway). The consignment was billed in favour of Sri Rajendra Mills Limited, Salem. The value of the two consignments was Rs.6,11,072.98 and Rs.5,98,355.88, respectively, total amounting to Rs.11,09,428.86. The expected time for reaching the destination was 20 days, however, the consignme
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