FAO No.1951 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.1951 of 2009 (O&M) DATE OF DECISION: 08.07.2010 **** PUNSUP (Punjab State Civil Supplies Corporation Ltd.) . . . . Appellant VS. The Union of India through the General Manager, Northern Railway, New Delhi. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.C.S. Bakshi, Advocate for the appellant. Mr.K.L. Dhingra, Advocate for the respondent. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against the order of the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal) dated 24.4.2008 by which the claim petition has been allowed in part and an award of Rs.2058/- with proportionate costs and interest @ 6% per annum from the date of filing of the claim petition i.e. 14.7.2006 till the date of its realization has been passed. Unsatisfied with the award, the present appeal has been preferred by the claimant/appellant in which, it is vehemently argued by the learned counsel for the appellant that the Tribunal has erred in deciding issues No.1 and 2 as only damage to 12 bales has been compensated though there was a consignment of 130 bales. FAO No.1951 of 2009 (O&M) -2- Learned counsel for the appellant has submitted that the assessment was made by the respondent –Railways for only 12 bales whereas the entire consignment was damaged as it reached the destination after 52 days instead of routine transit of 5 to 10 days. However, learned counsel for the appellant could not refer to any evidence having been led by them in contravention to the report prepared by the Railways with regard to damage to12 bales. Learned counsel for the respondent has submitted that the compensation has been assessed by the Tribunal on the basis of invoice submitted by them of the damaged bales. In view of the findings and facts recorded by learned Tribunal, I find no merit in the present appeal and as such the same is hereby dismissed though without any order as to costs. (RAKESH KUMAR JAIN) 08.07.2010 JUDGE Vivek