respondent herein in their prayer dated 14.06.2010. However, the appellant herein had submitted one affidavit where they had mentioned that the consignment was booked under ‘said to contain’, loading was not supervised by railway staff, loaded directly from truck to wagon, wagon sealed and riveted in presence of the sender and that regarding supply of documents, it was stated that these were preserved for 6 (six) months only and in this distant date, it was not possible to supply the documents (Seal Card Label), etc. Hence, it was held that the appellant herein had failed to prove that they had delivered the consignment intact at the destination. In respect of issue No.3, it was held that the letter for issue of short certificate, notice, application, affidavit and prayer for discovery of documents submitted by the respondent herein proved that the appellant herein did not deliver the entire consignment at the destination station to the respondent herein. Hence, in respect of issue No. 4, the claim of Rs.22,321/- was allowed along with the interest at the rate of 6% from the date of the filing of the claim application. The appellant was directed to make payment within 90 days from the date of the order, failing which, the amount would carry interest at the rate of 7%. In addition, the appellant was directed to pay proportionate cost of application fee of Rs.1,158/- and Legal Practitioner’s fee of Rs.1,224/-.
