JUDGMENT :

1. This appeal is directed against the judgment and order dated 10.1.2013 passed by the learned Railway Claims Tribunal, Guwahati Bench in O.A. I/GHY/2004/0074 (Old No. O.A. 74/04).

2. The respondent booked Railway wagons for carriage of 26,458 bags each containing 75 kilograms of salt and 5,865 bags each containing 50 kilograms of salt. The respondent paid the required freight charge. Necessary railway receipts (A/1 to A/4) were issued). There was short delivery at the destination point. Therefore, the respondent served a notice under section 106 of the Railways Act, 1989 upon the railways.

3. The respondent staked its claim for compensation in the Railway Claims Tribunal.

4. The learned Tribunal framed the following four issues:

(i) Whether notice under section 106 of the Railways Act, 1989 was served by applicant to the respondent is in time and maintainable?

(ii) Whether the respondent prove that there was over loading?

(iii) Was there was any shortage as alleged by the applicant?

(iv) Relief and Order?

5. The respondent proved its claim, that it had booked a certain amount of goods, by submitting stock return of Deputy Director of Food & Civil Supplies (A) Department, dated