COMMON JUDGMENT E.PADMANABHAN, J.,

C.M.A.No.1596 of 1995 has been preferred as against the order dated 20.02.1995 made in O.A.No.I/1368/93 on the file of the Railway Claims Tribunal, Madras Bench.

2. The appellant M/s.Kedarnath Jagdish Rai herein moved the Railway Claims Tribunal on 06.09.1993 claiming a compensation of Rs.10,110/- towards damages for the goods consigned by rail, in respect of the goods consigned on 15.02.1993 under Railway Receipt No.596443 from Kota to Madurai, consignment being 140 bags of wheat of the value of Rs.1,78,000/-. The appellant caused a notice under Section 78B of the Indian Railways Act, 1890 on 05.05.1993 and thereafter moved the application under Section 16 of The Railway Claims Tribunal Act. The claim was resisted by the Railways. The Tribunal framed the following points for consideration:

(i)Whether the applicant has title to the consignment in question?

(ii)Whether the damage was due to loading of already damaged goods by the sender at the forwarding station and inherent vice of the commodity?

(iii)Whether the railways used reasonable foresight and care in the carriage of the goods?

(iv)Whether the applicant is entitled to any compensati