- (1.) Heard Sri Anand Kumar, learned counsel for the appellant and Sri Prakash Padia, appearing on behalf of the respondents.
(2.) By means of the present Appeal, the appellant is challenging the order dated 5th December, 2002, passed by the Railway Claims Tribunal awarding a sum of Rs.92,614/= towards compensation for shortage in the consignment booked by the respondent.
(3.) There is no dispute that the respondent has loaded the consignment in seven tanker wagons at its private site and put seals on such tanker wagons. The railway's receipt no. 189838, dated 1.8.1991 was issued in respect of the consignment sent through the tanker wagons. In the railway receipt, the quantity of the consignment was mentioned. At the destination of delivery, it was found that both the top and bottom seals of one of the tanker wagons were missing and on a joint dip taken for measurement by the representative of the respondent and the railways, shortage of 6824 Litres of Motor Spirit was deducted. A notice under Section 106 of the Railway Act was given and thereafter a Claim Petition was filed.;