1 fa411 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.411 OF 1992 Union of India through its General Manager, Central Railway, Bombay and General Manager, South Eastern Railway, Calcutta ...Appellant vs. Hasmukh Sumatilal Shah ...Respondent Mr.A.N.Samant for the appellant Mr.R.V.Govilkar for the respondent CORAM : A.S.OKA,J. DATE : APRIL 19,2011 ORAL JUDGMENT: 1 Heard the learned counsel for the appellant and the learned counsel for the respondent. The challenge in this appeal is to the Judgment and order dated 31 st October 1991 passed by the Railway Claims Tribunal. Originally, the respondent filed a suit in the Civil Court for claiming damages. The suit was transferred to the Railway Claims Tribunal. 2 According to the case of the respondent, on 17 th December 1982, he delivered a consignment of `POL variety onions to the Railways at Nashik Road Station for being carried to Shalimar. According to the case of the respondent, the goods were delivered at Shalimar in badly damaged stage and onions were emitting dirty smell. The compensation of Rs.5500/- was claimed with future interest. The claim was contested by the respondent. The Tribunal by the impugned order directed payment of Rs. 4173/- with interest at the rate of 12% p.a from the date of filing of the suit till realisation. 2 fa411 3 The learned counsel for the appellant submitted that the case of the damage to the goods is not established. His submission is that the claim was maintainable only against the Central Railway and not against the South Eastern Railway as the goods were delivered to the Central Railway. His submission is that the interest granted is excessive. 4 I have considered the submissions. I have perused the record. Railway receipt was produced and proved by the respondent. The assessment certificate (Joint survey report) at Exh.A-5 records that the total damage was to 108.50 bags. Accordingly, after considering the report, the amount of compensation was fixed at Rs.4123/-. Therefore, no fault can be found with the amount of compensation. 5 As far as interest is concerned, the case of the respondent is based on the assessment certificate which is in fact joint survey report which records damage to the 108.50 bags. The original suit was filed in the year 1984 and therefore, considering the then prevailing rates of interest of nationalised banks, interest at the rate of 12% has been granted. No fault can be found with the grant of interest at the said rate. 6 After considering the railway receipt, it is obvious that liability was of the Central Railway and not of the South Eastern Railway which is the only modification required to be made in the impugned order. 7 Hence, I pass the following order : i) Impugned Judgment is confirmed with modification 3 fa411 that liability to pay the amount with interest shall be of the Central Railway and not of South Eastern Railway. ii)Subject to aforesaid modification, appeal is dismissed. iii)There will be no order as to costs. JUDGE