(Division Circuit Bench at Guwahati)

Coram: Mr. D. N. Tiwari, Member (Judicial), RCT Gorakhpur Bench Mrs. Leena Sarma, Member (Technical), RCT Guwahati Bench Original Claim Application No.OAI-21/2015 OAI/GHY/2015/0021(ONLINE)

Date of filing original application: 02.02.2015 Date of Judgement:17.02.2026 M/s. Lunia Marketing Pvt. Ltd.

Near Cherra Bus Stand, Bara Bazar, P.O. – Shillong, Meghalaya. .... Applicant -Versus-

The Union of India represented by The General Manager, N.F Railway, Maligaon, Guwahati-1 .... Respondent Present: Shri K. P. Maheshwari, Learned counsel for the applicant.

Shri L.Singh, Learned counsel for the respondent.

Mrs. Leena Sarma, Member (Technical)

JUDGEMENT

This claim application is filed by the applicant M/s. Lunia Marketing Pvt. Ltd.

for compensation for shot delivery under Section 16 of the Railway Claims Tribunal Act, 1989.

2. The applicant, Lunia Marketing (Pvt.) Ltd., is a registered private limited company having its place of business at Near Cherra Bus Stand, Bara Bazar, P.O. Shillong, Meghalaya. The applicant is the consignee and lawful owner of the goods in question and being entitled in law has instituted the present claim application before this Hon’ble Tribunal for compensation on account of shortage in the consignment.

2.2 On 02.12.2012, the applicant booked two consignments of Rice from AKVD to SCL for safe carriage and delivery at the destination station. The consignments were booked under the following Railway Receipts/Invoice particulars:

1. Invoice/RR No. 01/212001172 dated 02.12.2012, whereby 1280 packets/bags of Rice were booked.

2. Invoice/RR No. 02/212001173 dated 02.12.2012, whereby another 1280 packets/bags of Rice were booked.

Thus, the total number of rice bags booked was 2560 bags.

2.3 At the time of booking, the consignments were duly packed in accordance with the prescribed packing conditions under the Railway Rules. The goods were in sound, strong and good condition at the forwarding station. The Railway Administration accepted the consignments for carriage and issued the relevant Railway Receipts without recording any adverse remarks regarding the condition of the goods at the time of booking.

2.4 The consignments were to be transported from AKVD and delivered at SCL. However, upon arrival and delivery at the destination station on 12.12.2012, it was found that only 2540 bags of Rice were delivered as against the total booked quantity of

2560 bags, thereby resulting in a shortage of 20 bags of Rice.

2.5 The shortage was detected at the time of delivery, and it was found that the consignment had been subjected to interference during transit. The applicant states that there was inordinate and abnormal delay in transit, rough and negligent handling of the wagon(s), and possible criminal interference en route. The seal condition was found defective, and the consignment had also been transshipped at LMG under the supervision of the respondent Railway. No representative of the applicant was present at the time of such transshipment. The shortage is attributable solely to the negligence and/or misconduct on the part of the Railway Administration and its servants during transit and transshipment.

2.6 The value of the shortage/damaged consignment is calculated as follows:

The shortage consists of 20 bags of Rice, each bag weighing 50 kilograms. The rate of Rice as per beejuck/invoice rate was Rs. 1,994/- per quintal, and freight/P.F. charges were Rs. 200/- per quintal. Accordingly, the total value of the shortage comes to:

 Cost of 10 quintals @ Rs. 1,994/- per quintal  Plus P.F. @ Rs. 200/- per quintal The total claim amount thus comes to Rs. 21,940/-.

2.7 The applicant duly served a notice under Section 106 of the Railways Act, 1989 upon the respondent Railway Administration on 25.01.2013, which was received by the Railway on 28.01.2013. Despite submission of the claim and repeated assurances, the respondent Railway failed and neglected to settle the legitimate claim of the applicant.

2.8 The cau