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Union of India & Ors. vs. Aggarwals & Aggarwals

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Railway Claims Tribunal Act, 1989–Damage to consignment–Compensation–Though the Tribunal refused to take the written statement on record, yet it considered the documentary evidence placed by the appellant-Railway–It can not be said that the appellant was caused any prejudice–Railway receipts and documents were endorsed in favour of its banker–These were handed over to consignee on 19.4.1995–Consignment could have been unloaded only after receiving the receipts–Railway did not follow the procedure provided u/s. 99 for taking the benefit of treating the consignment unclaimed–Held, impugned award cannot be interfered on any ground.