This is an appeal against a Railway Claims Tribunal awarding Rs 1,41,850 to the respondent for shortage of salt during carriage. The High Court dismissed the appeal, holding that the Tribunal correctly appreciated the evidence and the appeal was devoid of merit.
The appeal was dismissed and disposed of accordingly; lower Tribunal's award upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010006342013
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/61/2013
UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GUWAHATI-11
VERSUS
M/S. DINESH SALES CORPORATION SAXENA BILDING, IIND FLOOR, CHAMPAGURI ROAD, P.O. NORTH BONGAIGAON, ASSAM.
Advocate for the Petitioner : MR.D K DEY
Advocate for the Respondent : MR. A GOYAL
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
JUDGMENT
Date : 10-12-2021
This appeal is directed against the judgment and order dated 10.01.2013 passed by the learned Railway Claims Tribunal, Guwahati Bench in O.A. I/GHY/2004/0074 (Old No. O.A. 74/04).
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(i) Whether notice U/s 106 of the Railways Act, 1989 was served by applicant to the respondent is in time and maintainable?
(ii) Whether the respondent prove that there was over loading?
(iii) Was there was any shortage as alleged by the applicant?
(iv) Relief and Order?
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certificate before the learned Tribunal.
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the Tribunal had correctly appreciated the evidence, the connected legal provisions and thereby arrived at a correct finding. The present appeal is devoid of merit and therefore, there is no necessity of interfering with the impugned judgment of the Tribunal.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the Railway Claims Tribunal correctly appreciated the evidence and arrived at a correct finding regarding compensation for shortage of salt.
Whether the appellant is entitled to interfere with the impugned judgment of the Tribunal.
1 provisions across 1 enactments
Union of India Represented by the General Manager, N.F. Railway
M/s. Dinesh Sales Corporation
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
