JUDGMENT :

None appears for the appellant. Heard Ms. M. Kalita, learned counsel for respondent.

2. This appeal has been preferred under Section 23 of the Railways Claims Tribunal Act, 1987 against the judgment and order dated 16.08.2010 passed by the learned Railway Claims Tribunal at Guwahati Bench in Claim Application No. OA-I/GHY/2001/0433 (old No. O.A.433/2001).

3. The case of the applicant/respondent is that two consignments of 1375 + 1375 tins of R-S oil was booked from Rajkot to NGC under invoice No.5 and 6 RR No. 886614 and 886615 dated 14-19.10.1998. At destination 1956 kgs of R.S. Oil found short. As per shortage damage certificate, the shortage was also admitted. The applicant has claimed @ Rs.44.43 per kg of R.S. Oil and at this rate, the compensation amount comes to Rs. 86,905/-for which the application was filed before the Claims Tribunal by stating that the Railway Authority was fully liable for the said loss.

4. The appellant as respondent filed written statement wherein they denied the title, service validity and sufficiency of notice under Section 106 of Railways Act. The Railway authority also stated that the consignment was booked under the caption “said to contain”