- (1.) These two appeals have been filed by the Indian Oil Corporation against the judgment of the learned Railway Claims Tribunal dated 5-8-1992 in Claim Case No. OA-1-165 of 1990 and OA-1-166 of 1990 whereby the claim filed by the Indian Oil Corporation against the Union of India through General Manager, Western Railway, Church Gate, Bombay has been dismissed.
(2.) The facts, in brief which are common in both the cases, are that the Indian Oil Corporation filed a claim for compensation for the alleged shortage in the quantity of its product which was transported through the Railways from the siding of the Indian Oil Corporation i.e. from Sabarmati to Udaipur City in Appeal No. 663/1992 vide RR No. 528089, dated 21-10-1987 from Khari Rohar Road to Bais Godam, Jaipur in Appeal No. 668/1992 vide RR No. 863885 dated 19-4-1988.
(3.) Both these appeals have been taken up together because the claim has been filed on account of the fact that the tank wagon which was received at the destination, the valve of the tank was found leaking resulting in a shortfall in the, quantity of the goods. In both the cases, the seals and nut bolts were found in order of the valve and there was no tampering. The dip was taken at the destination station by the appellant-Corporation in the presence of the Railway Authority and as per the case of the appellant-Corporation there was a shortfall in the quantity of the product transported as detected at the destination station. This has given rise to the claim for the shortage of the quantity being filed by the Corporation.;