(Civil Miscellaneous Appeals filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the order made in OAI 263/96 dated 07.02.1997 on the file of the Railway Claims Tribunal, Chennai Branch.)

This Civil Miscellaneous Appeal, preferred by the Union of India owning Southern Railway, is directed against the order dated 07.02.1997 passed by the Railway Claims Tribunal, Chennai Branch in O.A.I. No.263 of 1996.

2. The respondent herein (Annapurna Agency) was the applicant before the Tribunal. Since a consignment of 248 bags of wheat, each weighing 96 kgs. sent to Annapurna Agency from Barnala to Royapuram vide R.R. No.806418 dated 06.09.1994, through the appellant herein (Railways) was found damaged at the point of destination, it made a claim to the Railways and since the claim remained unsettled, it filed an Application before the Tribunal claiming a sum of Rs.40,283/- as compensation from Railways. On its side, 4 exhibits, namely, Ex.A.1, Joint Survey Report, Ex.A.2, Claim under S.106, Railways Act, Ex.A.3-Repudiation and Ex.A.4-Copy of pattial were marked as documentary evidence and no one was examined. On the side of the Railways, the Railway Receipt and D.