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2002 Supreme(Gau) 6

D.BISWAS
Sreeniwas Basudeo – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
G.N.Sahewalla, A.K.Goswami, D.K.Sharma, B.K.Sharma

D.BISWAS,J. —

The appellant has preferred these appeals against the decisions of the learned Railway Claims Tribunal, Guwahati Bench, rejecting a part of claim in each of the different applications. All the appeals, the controversy being circumscribed on common question of law and fact are proposed to be disposed of by this common judgment. The appeals have been filed for recovery of the amount as indicated below:-

(i) M.A.(F) No. 68 of 1994 Rs. 11,592/-

(ii) M.A.(F) No. 69 of 1994 Rs.22,931/-

(iii) M.A.(F) No. 70 of 1994 Rs.34,182/-

(iv) M.A.(F) No. 71 of 1994 Rs.12,338/-

(v) M.A.(F) No. 72 of 1994 Rs.24,267/-

(vi) M.A.(F) No. 73 of 1994 Rs.40,544/-

(vii) M.A.(F) No. 74 of 1994 Rs.l 7,096/-

(viii) M.A.(F) No. 75 of 1994 Rs.15,091/-

(ix) M.A.(F) No. 76 of 1994 Rs. 11,5777/-

and

(x) M.A.(F) No. 77 of 1994 Rs.7,198/-

2. The above claims in different applications have been rejected on the ground that the rice booked at the booking station was not weighed by the Railway staff and the weight indicated by the sender was accepted only for the purpose of calculation of freight. The learned Tribunal allowed only the cost of rice found short between the transshipment point and destination. The reasons g









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