UNION OF INDIA Vs. IBP CO LTD

JUDGEMENT

(1.) Heard the learned Counsel for appellant and the learned Counsel for the Respondent.

(2.) This CMA is preferred by the Appellant-Railways being aggrieved by the order of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad in OAA No.108 of 1998 dated 7.6.1999 in granting compensation of Rs.68,362/- to the respondent herein.

(3.) The respondent is the applicant in the OAA filed the said application contending that a consignment of Tank Wagon No.SC- 49044 consisting of 27020 litres of M.S. was booked with the Appellant-Railways under R.R. No. 106309 dated 2.4.1994 from Visakhapatnam to Rajahmundry with the loaded dip of 210.8 cms., but when the tank wagon was received at the destination- Rajahmundry on 5-4-1994, there was a shortage of 4353 litres of MS. It is stated that while the wagon was under the custody of the Railways, the top seal was found missing and the bottom seal was found intact and there was a drop in dip by 36.8 cms. and therefore, claimed compensation from the Appellant-Railways.