FA/797/1998 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 797 of 1998 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= UNION OF INDIA THRO' GENERAL MANAGER & 1 - Appellant(s) Versus KRISHAK BHARATI CO.OPERATIVE LTD. - Defendant(s) ========================================================= Appearance : MR JC SHETH for Appellant(s) : 1 - 2. SINGHI & BUCH ASSO. for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 08/08/2008 ORAL JUDGMENT 1.0. This appeal is directed against the judgment and decree dated 12th August, 1997 passed by the Railway Claims Tribunal, Ahmedabad in Claim Application No. 360 of 1991 whereby, the said application was allowed and the FA/797/1998 2/3 JUDGMENT appellants-original respondents was directed to pay compensation of Rs.6,63,603/- with running interest from the date of filing of the application till realization. 2.0. The short facts of the case are :- 2.1. The respondent-original applicant on 4th July, 1988 booked a crain load of 35 box wagons of urea from Krikhoo siding load to Sitapur. The goods in question were unloaded on 11th July, 1988 and were placed in the open shed. It is the case of the respondent-original applicant that after unloading of goods, the goods in question got wet and damaged on account of rain. The respondent, therefore, preferred an application for claiming compensation for the goods which were damaged. 2.2. The Tribunal after hearing the parties and after considering the evidence on record, allowed the application and directed the appellants-original respondents to pay to the respondent-original applicant a sum of Rs.6,63,603/- with proportionate costs with running interest @ 12% from the date of the application till realization. 2.3. Being aggrieved by the said order, the FA/797/1998 3/3 JUDGMENT appellants-original respondents have preferred this appeal. 3.0. Heard learned counsel for the respective parties. It is evident from the record that the damage took place during transit time, and therefore, the Railways was responsible to make good the said loss. Even otherwise, the appellants were not able to show from the record as to what precautionary measures had been taken to protect the goods in question. Apart from that, in view of Section 75 of the Indian Railways Act, the responsibility of the Railway is clear and therefore, the appellants were liable to pay the compensation as awarded by the Tribunal. 4.0. In view of the above, in my opinion, the impugned award passed by the learned trial Judge is just and proper and no interference is required by this Court. Hence, the appeal is dismissed with no order as to costs. [K.S. JHAVERI, J.] /phalguni/