JUDGMENT :

1. Heard Mr. G. Goswami, learned standing counsel, N.F. Railway, appearing for the appellant as well as Ms. M. Sharma, learned counsel representing the respondent.

2. This is an appeal under section 23 of the Railway Claims Tribunal Act, 1987 challenging the Judgment and Order dated 10.7.2015 passed by the Railway Claims Tribunal, Guwahati Bench in Claim Application No. 1-167/2008.

3. A consignment of petroleum product was loaded in BTP tank wagon in safe, sound and secured condition under Railway Risk Rate. The goods were loaded under proper supervision and verification of quantity loaded by dip-measure by the railways and accordingly the freight charge was collected. The BTP tank wagon was sealed by the railways as per booking condition under the Railway Risk Rate. At the destination point, the petroleum product was short deliver. The respondent claimed that the consignment was unloaded from the original wagon while enroute to the destination point and thereafter loaded into another wagon. At the destination point, the seals of the tank were missing. The contents of the wagon were also leaking. In fact, other wagons containing petroleum products also did not have the seal