JUDGMENT :

RUMI KUMARI PHUKAN, J.

1. Heard Mrs. U. Chakraborty, learned standing counsel appearing for the appellant Railway as well as Ms. M. Sharma, learned counsel appearing for the private respondent.

2. The present appeal is directed against the judgment and order dated 20.09.2011, passed by the learned Railway Claims Tribunal, Guwahati Bench at Guwahati, in Claim Application No. OA-1232/2007 (Old)/OA-I/GHY/2007/1232 (new), whereby the respondent/appellant was directed to pay compensation of Rs. 4,87,773/- (Rupees four lakh eighty seven thousands seven hundred seventy three) only along with interest @ 6% per annum, from the date of order through Bank Account within 90 days, failing which the amount shall carry interest @ 12% per annum till realization, on account of alleged shortage in delivery of 54197 kg. wheat, intended to be unloaded at destination Dharamnagar (DMR) station.

3. According to the applicant, the consignment of 49388 bags of wheat was booked on 21.08.2005, under Invoice No. 1/RR No. 395447, from Firojpur City Jn. (FZP) to Dharamnagar (DMR) station but at destination 26497 kg and 554 bags were delivered short by the respondent to the applicant. Accordingly notice u