Heard Mrs. U. Chakraborty, learned counsel for the appellant and also heard Mr. A. Goyal, learned counsel for the respondent/claimant.

1. This is an appeal under section 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dated 26.10.2009 of the Railway Claims Tribunal of Guwahati Bench, Guwahati passed in Railway Claim Application No. 1/2006 wherein, the appellant was directed to pay a sum of Rs. 75,400/- as compensation to the respondent/petitioner, for the shortage of 377 bags of onion out of 9,510 bags, booked by the respondent claimant in the goods train belonging to the appellant and, on default, to pay an interest @ 6% p.a, from the date of filing of the case within 3(three) months till the realisation of the compensation amount, and also to pay cost of application and legal practitioner fee of a sum of Rs. 1,700/- and Rs. 1,500/- respectively.

2. The facts and circumstances of the case which led to the filing of this appeal are briefly stated herein below:-

That on 24.02.2003, the respondent/claimant, filed an application before the Railway Claims Tribunal, Guwahati Bench, Guwahati claiming as follows;-

(i) That out of 9,510 bags of onio