NAMITA PAUL Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) This appeal under Section 96 of the CPC arises from the judgment dated 11.05.2016 delivered in Money Suit No.27 of 2010 by the Civil Judge, Senior Division, West Tripura, Agartala. The appellant filed the said suit for realization of a sum of Rs.74,00,000/- with interest at the rate of 12% per annum. The said amount is summation of the security deposit which has been forfeited by the defendants on termination of the contract under No.Cont.9/Nefr/Tc/Chng-Agt/2008 dated 12/07/2008 to the extent of Rs.54,00,000/- and a sum of Rs.20,00,000/- towards loss of profit from the defendants. The plaintiff has pleaded that he was selected by the Food Corporation of India (FCI, in short) for transportation of food grains to the prescribed destination under the agreed rate applicable for the route. The prescribed routes and the rate against them are provided below :

(2.) According to the plaintiff, FCI accepted that each truck used to carry load of food grains ranging from 19-22 MT and they had issued the indents accordingly in favour of the plaintiff for transportation. The number of trucks for loading or transportation of food grains when the transportation was supposed to be carried from Railway Siding would depend on the numbers of wagons were to be unloaded. Each wagon carried approximately 60-66 MT food grains and other materials. Transportation was being carried on successfully in the mode as noted.

(3.) According to the plaintiff, before 3rd week of May, 2018, the Government of Assam did not enforce the limit of weight as prescribed under Section 113 of the Motor Vehicles Act, 1988. On perusal of provisions, it is clear that maximum gross weight of the trucks is 16.2 tons including the body weight. Thus, the loading is restricted to about 9 tons. For this purpose, Rule 95(2) of the Central Motor Vehicle Rules provides that maximum gross vehicle weight and the maximum safe axle of a vehicle shall determine the maximum weight having regard to the size, nature, number of tyres. Rule 95(1) lays down the vehicle rating on the gross vehicle weight and axle weight respectively. That is duly certified by the testing agencies for compliance of Rule 1 to 6 of the said Rules. The maximum vehicle weight and maximum safe axle weight of each vehicle is notified by the Central Government or the maximum total load which is permitted to be carried by the tyres as per specification under Rule 95(1) of the said Rules. It also lays down the size and the number of tyres to be fitted with the axle of the vehicle, provided that maximum gross vehicle weight in respect of all vehicles, including multi-axle vehicles shall not be more than the sum total of all the maximum axle weights put together.