Heard Sri A.K. Gaur, counsel for the appellant.
This appeal has been filed from the judgment and award of Railway Claim Tribunal, Gorakhpur dated 10.12.1998 passed in Claim Petition No. OA/I/744/98/PBH by which claim petition has been allowed for Rs. 3,800/-.
Chhotey Lal Chaurasia, respondent No. 1 filed the aforesaid claim petition before the Tribunal on the ground that he had booked betel leaves of 85 k.g. on 21.09.1997 through PWB Bill No. 059795. The consignment was not delivered to the claimant at the place of destination. Accordingly, he filed the claim petition, claiming compensation at the rate of Rs. 41 per k.g. for the 85 k.g. of betel leaves.
In spite of service of notices the written statement was not filed on behalf of the appellant. When the case was taken up for hearing the Presenting Officer of the appellant prayed for grant of time for filing written statement which has not been accepted by the Tribunal. The Tribunal found that copy of the M.G.R. produced by the Railway confirms that the goods were booked on 21.09.1997. Accordingly, the booking of the goods is proved. However, the Tribunal instead of granting compensation to the claimant at the rate of Rs. 41 per k.g. granted compensation at the rate of Rs. 35 per k.g.
The counsel for the appellant submits that reasonable opportunity to contest the claim petition has not been given. There is nothing on record to suggest that opportunity has not been given to the appellant for filing written statement. On the other hand, notices of the claim petition was served on the appellant and the Presenting Officer was appearing before the Tribunal.
In any case, since booking of the goods and its quantity is admitted to the appellant. Accordingly, the appellant has no case for which the matter required to be remanded.
In view of the finding recorded by the Tribunal the appeal has no merit and it is liable to be dismissed.
The appeal is dismissed.
Order Date :- 6.7.2012 Jaswant