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2011 Supreme(P&H) 181

RAJESH BINDAL
Sunil Gupta – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Hari Pal Verma, Advocate for the appellant.
Mrs. Abha Rathore, Advocate for respondents No. 1 and 2.

JUDGMENT

Rajesh Bindal, J.

Order dated 23.5.2002, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, `the Tribunal'), in an application filed by the appellant claiming compensation, is impugned in the present appeal.

Briefly, the facts as are evident from the record, are that the appellant claimed himself to be the proprietor of M/s Paul Sons, Bhatinda carrying on the business of coal supplier. He booked 20 BCN of coal from Ledo (Assam) to Bhatinda. The total rake consisted of 40 BCN. The other 20 BCN belonged to one Sushil Verma, proprietor of M/s Sushil Services, Bhatinda. The consignment was loaded and weighed at the port of origin, namely, Ledo (Assam) on 6.6.1998. It was booked vide railway receipt Nos. 582700 to 582702. On the basis of weighment slip, the appellant was charged the freight. The said consignment reached Bhatinda on 20.6.1998. The same was unloaded at the railway siding. When the appellant approached for taking delivery thereof, he was asked to deposit ` 4,32,974/-on account of alleged additional freight and penalty. It was claimed that on the way, the wagons were again weighed at Lasker (Saharanpur) on 19.6.1998 and finding excess we








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