- (1.) HEARD Sri Prakash Padia, learned counsel for the appellant, Sri Vivek Singh, learned counsel for the respondent and perused the record.
(2.) THE present First Appeal From Order has been preferred against the judgment and order dated 14.11.2013 passed by the Member (Technical), Railway Claims Tribunal, Gorakhpur, in Claim Application No. OA/I/295/03/GKP, whereby the Tribunal dismissed the claim petition of the appellant.
(3.) BRIEF facts giving rise to this appeal are that the appellant is the Indian Oil Corporation Ltd., who filed claim petition for short delivery of SKO amounting to Rs. 1,40,906/ - with 24% interest before Railway Claims Tribunal, Gorakhpur, in which it was stated that the Railways had booked its SKO consignment in 15 tankers for transmission from Bhopali to Gorakhpur with top and bottom sealed container under RR 246323 dated 28.05.2000, out of which one container bearing no. WR -906511 containing 67660 litres SKO was not delivered at Gorakhpur destination, therefore, the appellant had given a notice to the Railways and in the meantime the said tanker/container was decanted on 30.05.2000 at appellant's Panki Terminal Kanpur. On opening the said tanker, the delivery of SKO of about 10975 litres was found short due to heavy leakage from bottom valve and flange plates from one side of the one valve. Therefore a joint dip certificate of quantity of SKO was prepared between both the parties. The appellant further alleged that the said tanker no. WR 906511 was properly and correctly loaded without any short loading and all the valves and flange plates were properly placed and sealed and there was no leakage at the time of booking. It was properly checked by the Railway staffs at the time of booking . The leakage were occurred in tanker due to negligence, misconduct and carelessness on the part of the Railway employees. Therefore, he suffered loss and claims amounting to Rs. 140906 with 24% interest for the short delivery of SKO of about 10975 litres @ 12838.85 per litre. The above claim petition was contested by the respondent mainly on the ground that the wagon in question was delivered to the claimant at the decanted place by the Railways at their site at Panki, Kanpur and there was no fault committed by the Railways in it. The sealed of the wagon was done at the claimant's side, which is not supervised by the Railway staff. The leakage occurred from bottom and flange plates was on account of the omission and negligence of the claimant's employees, therefore, the respondent is not responsible for such losses occurred to the claimant and the claim petition is liable to be dismissed.;