Claim for compensation for delay of delivery of goods.
jyotirmaya behera
(Querist) 09 September 2015
This query is : Resolved
The applicant loaded 5 wagon of COKE for delivery of the goods to his siding. Out of five wagon only 4 wagon are delivery to the applicant siding but one wagon was not delivered by the Railway.
Applicant filed an OA before the railways tribunal for non-delivery of the goods. After filing of the Original application before the learned tribunal, the railway delivered the goods to the applicant after 5 year 4 month of delay. At the time of pending OA, the counsel of the Railway submitted that the goods has been delivered to the applicant. This point was placed before the member judicial ( Tribunal) and the Tribunal passed the order that the Railway will pay the compensation i.e. the only interest part (for the 5 year and 4 month) of the total valuation of the goods.
Now matter is that the railway has filed the appeal before the Hon’ble High Court for set aside of the order passed by the Tribunal.
1. The Tribunal passed the order rightly or wrongly?
2. What is the SC judgment are available regarding this part?
3. On which ground the High Court set aside the order of the Tribunal?
Advocate Bhartesh goyal
(Expert) 09 September 2015
Railway Tribunal's order is absolutely correct.search google for s.c. judgments.
Rajendra K Goyal
(Expert) 10 September 2015
Tribunal orders are justified. Judgement / citation not provided in this section.
P. Venu
(Expert) 10 September 2015
5 wagons of coal? To my knowledge, the Railways have stopped providing piecemeal wagons two decades ago and since then, commodities are moved in rake loads.
T. Kalaiselvan, Advocate
(Expert) 18 September 2015
This appears to be an academic query, the author may make his own efforts to have more knowledge on this examination question.
