Union Of India Representing ... vs M/S. Finolex Cables Limited
2022 Latest Caselaw 8121 Bom

P.H. Jayani                                      17 FA624.1996.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                         FIRST APPEAL NO. 624 OF 1996

Union of India                                            .... Appellant
           v/s.
M/s. Finolex Cables Limited,
Pimpri, Pune                                              .... Respondent

Mr. T.J. Pandian a/w. Dheer Sampat for the Appellant - UoI.
None for the Respondent.

                            CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 20th AUGUST, 2022.

P. C. :-

. This is an Appeal under section 23 of the Railway Claims Tribunal

Act, 1987 assailing the judgment dated 01/12/1995 in Case No.OA

302/1991. By the impugned judgment, the Railway Claims Tribunal,

Bombay has allowed the Application filed by the Respondent and

granted compensation of Rs.3,56,124/- with interest at the rate of 12%

p.a. towards non delivery of 4 cable drums.

2. The Respondent - claimant had filed a Claim Application alleging

that consignment of 57 drums of cable was booked vide RR No. D

984125 dated 25/12/1988 from Chinchwad to Chandigarh for delivery

to the General Manager, Telecom Stores, Department of

P.H. Jayani 17 FA624.1996.doc

Telecommunication. The said consignment was booked at Railway risk

rate for thorough traffic. It is the case of the Claimants that out of 57

drums, 4 cable drums were not delivered to the Respondent. The

Appellant claimed that the total value of said four cable drums was

Rs.3,56,124/- and hence, filed a Claim Petition for compensation of the

said amount.

3. The Respondents denied its liability to pay any compensation.

The Railway Claims Tribunal, upon considering the evidence on record,

held that the Respondent-Claimant had proved that four drums of cable

were not delivered and accordingly, allowed the Petition. Being

aggrieved by this order, the Railways have filed this Appeal.

4. Heard Mr. Pandian, learned counsel for the Appellant. I have

perused the records and considered the submissions advanced by the

learned counsel for the respective parties.

5. AW1 - Shekhar, the constituted attorney of the Respondent had

filed his affidavit stating that the Respondent was the consignor/owner

of goods i.e., 57 drums of cable which were booked under RR No.D

984125 dated 25/12/1988 from Chinchwad to Chandigarh. The

P.H. Jayani 17 FA624.1996.doc

evidence of this witness reveals that four drums of cable were not

delivered. The value of the said four drums is stated to be 3,56,124/-.

The evidence of this witness has gone unchallenged on this aspect.

Considering this fact, the Railway Claims Tribunal has held that the

Respondent was the consignor of the goods which were booked under

RR No.D 984125 dated 25/12/1988 for delivery from Chinchwad to

Chandigarh. The Railway Claims Tribunal has observed that the

evidence adduced by the Respondent - Claimants proves that the four

drums of cable were not delivered and that this statement is

corroborated by correspondence at Exhibit - A4 to A5. There was no

cross-examination of the Respondent on this aspect and as such, the

Claims Tribunal cannot be faulted with for relying upon the evidence

adduced on behalf of the Respondent - claimant and thereby directing

the Appellant to pay to the Respondent, a sum of Rs.3,56,124/-.

6. Though the Appellant had claimed that the Application was

barred under section 78B of the Indian Railways Act, a perusal of the

impugned judgment indicates that no arguments were addressed on

the said issue. The Tribunal referred to the letter at Exhibit - 5 dated

24/06/2019 and held that the Claim Notice was preferred by the

Respondent within six months from the date of the booking.

P.H. Jayani 17 FA624.1996.doc

7. The findings recorded by the Railway Claims Tribunal are based

on the evidence on record and hence, do not warrant interference.

Under the circumstances, the Appeal has no merits and is accordingly

dismissed.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2022.08.23 16:17:03 +0530