The High Court
Case Details
Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 1 - NC: 2025:KHC:11766 M.F.A. No.2110/2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2110/2013 (RCT) BETWEEN: M/S A.R.P.M. LOGISTICS (HYD) PVT LTD HYDERABAD-500 020 ANDHRA PRADESH REP. BY SRI. M. RAMAKRISHNA RAO MANAGING DIRECTOR. (BY SRI. M.B. INAMDAR, ADV.,) AND: UNION OF INDIA REP. BY THE GENERAL MANAGER SOUTH CENTRAL RAILWAY SECUNDARABAD.
Legal Reasoning
(BY SRI. KUMAR M.N. CGSPC) …APPELLANT …RESPONDENT THIS MFA IS FILED U/S 23 OF RAILWAY CLAIMS TRIBUNAL ACT, 1987, PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO THE JUDGMENT DATED 30.11.2012 PASSED BY THE RAILWAY CLAIMS TRIBUNAL BANGALORE BENCH IN O.A.NO.III.2/2019. ALLOW THIS MISCELLANEOUS FIRST APPEAL BY SETTING ASIDE THE JUDGMENT DATED 30.11.2012 BY RAILWAY CLAIMS TRIBUNAL BANGALORE BENCH IN O.A.NO.III 2/2019 & ETC. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 2 - NC: 2025:KHC:11766 M.F.A. No.2110/2013 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appellant being aggrieved by the order dated 30.11.2012 passed by the Railway Claims Tribunal, Bangalore in O.A.No. III 2/2009 has preferred this appeal, thereby, the application filed by the appellant for refund of punitive charges is rejected. 2. The appellant is a Company, has transported molasses by loading molasses to move to the destination. The loaded station was at Bidar and while moving so, transportation of the molasses which is the liquid product by the tank wagon rakes for weighment on Electronic in Motion Weigh Bridges en route via Kazipet, Vijayawada and Rajahmundry and found that the appellant has loaded excess quantity of molasses. Therefore, levied punitive charges of Rs.1,51,190/- for such excess consignment of molasses. 60 tank wagons have been booked by the appellant for transportation of molasses loaded at Bidar station vide R.R.No. 0690201 dated 06.12.2008 Bidar to - 3 - NC: 2025:KHC:11766 M.F.A. No.2110/2013 Budge Budge Station and total charges of Rs.23,53,417/- was collected. Since no weighment facility was available at the Bidar station, the weighment was done on Electronic in Motion Weigh Bridges en route via Kazipet, Vijayawada and Rajahmundry while moving to Budge Budge station, and it was found that there was excess of molasses loaded in the tanker wagons, therefore, collected punitive charges. 3. The appellant has filed an application before Railway Claims Tribunal contending that the appellant has not loaded excess molasses and the weighment on Electronic in Motion Weigh Bridges is not correct method of making weighment of the tankers but dip measurement ought to have been followed, but that was not done. Therefore, there is no correct measurement of weighing of tank wagons and prayed for refund of the punitive charges paid. Since the appellant was construed to de-loaded from the destination station, therefore, under protest the said punitive charges were paid. Therefore, he has filed the - 4 - NC: 2025:KHC:11766 M.F.A. No.2110/2013 said application for refund of the said punitive charges, but the same was rejected. Hence, the appellant filed the present appeal. 4. It is the only contention of the appellant that since the molasses goods transported is liquid commodity, hence, dip measurement weighment system is correct system to make weighment of the tanker, and not weighment on Electronic in Motion Weigh Bridges en route to the destination. Since the goods is liquid, there is fluctuation into the tanker, therefore, it is not possible to make accurate measurement of weighment. Therefore, wherever the liquids are transported, dip measurement was taken place and not weighment on Electronic in Motion Weigh Bridges en route to the destination station. Therefore, the weighment made by the respondent is not correct. Hence, prays to allow the appeal and direction to refund the punitive charges collected from the appellant. 5. On the other hand, the learned counsel for the respondent - Union of India submitted that at loaded - 5 - NC: 2025:KHC:11766 M.F.A. No.2110/2013 station at Bidar there was no facility for liquid weighment. Therefore, as it was in practice, the weighment was done on Electronic Weigh Bridges en route to the destination and at that time, the dip measurement weighment system was not in practice and the said came into force only from 09.02.2009. But the appellant has booked and loaded the molasses tanker on 03.12.2008. Therefore, it is correctly observed by the Tribunal and accordingly dismissed the application. Hence, he prays to dismiss the appeal. 6. The only ground urged in the appeal is that the weighment ought to have been done through dip measurement weighment system but not weighment on Electronic in Motion Weigh Bridges. Though learned counsel for the appellant submitted that even before the booking of molasses at Bidar, previously there was system of dip measurement of weighment system to make weighment of transportation of liquid items, but there is no circular or statute produced in this regard. It is not disputed that the appellant had transported molasses by - 6 - NC: 2025:KHC:11766 M.F.A. No.2110/2013 tanker wagons through the respondent from the booking station Bidar to Budge Budge station. The Tribunal referred Ex.R-3 which is a copy of Commercial Manual volume No.12/2009 circulated under Commercial Circular No.41/2009 and opined that the weighment of molasses and edible oil loaded tank wagons should be run through dip measurement and this dip measurement system of molasses and edible oil came into effect from 09.02.2009. Whereas, the appellant has consigned the molasses and booked in the month of December 2008 and the tanker wagons were loaded with molasses on 03.12.2008 (Ex.R4) is not in dispute. The weighment through dip weighment system came into force on 09.02.2009 after loading the tanker by the appellant. But before that there was system of Electronic in Motion Weigh Bridges measuring weighment en route to the destination via Kazipet, Vijayawada and Rajahmundry. Since the appellant has loaded the tanker wagons with molasses on 03.12.2008, whereas the weighment by dip measurement system came into force on 09.02.2009, therefore, it could not be - 7 - NC: 2025:KHC:11766 M.F.A. No.2110/2013 applicable when the appellant has loaded the tanker wagons with molasses, hence, the Tribunal is right in holding that the weighment done on Electronic in Motion Weigh Bridges en route via Kazipet, vijayawada and Rajahmundry is correct. 7. Except these grounds there is no other grounds canvassed in this appeal. Therefore, for the reasons above stated, there is no error or perversity found in the findings of the Railway Claims Tribunal. Therefore, the appeal is liable to the dismissed. Accordingly, dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ABK List No.: 1 Sl No.: 26