VALMIKI J. MEHTA, J.

1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Railway Claims Tribunal dated 12.11.2008 by which the Railway Claims Tribunal has dismissed the claim petition filed by the appellant/applicant for recovery of a sum of Rs.2,64,214/-, being the loss caused on account of shortage in the delivery.

2. The facts of the case are that the appellant loaded at its private siding at the Bokaro Steel Plant eight consignments of C.R. sheets of different description. The consignment was loaded in wagon no. SC-64429 and the consignment was bound for the Sail Stock Yard at Tuglakabad, New Delhi. The case of the appellant was that it suspected shortage of the consignment enroute and therefore a request was made for taking open delivery vide letters dated 25.6.1992 and 26.6.1992. When re-weighment was done of the consignment, shortage to the extent of 18.410 MTs was found. The shortage was found in the Railways Report and the Joint Survey Report of the Railways dated 29.6.1992 and 23.7.1992 respectively. Appellant after serving the statutory notice under Section 106 of the Railways Act, 1989 filed the s