JUDGMENT: The question involved in both the appeals is identical. They are therefore heard together and disposed of by the following common order:

2. C.M.A.No.1581 of 1995 arises out of O.A.I.No.1092 of 1992 on the file of the Railway Claims Tribunal, Madras Bench. The appellant made a claim against the respondent for Rs.34,539 being the loss caused to it by reason of the damage to goods consigned by rail. The facts are not disputed. The consignment was booked on 5.2.1992 at Baran Station to transport to Madurai under railway risk under the railway receipt marked as Ex.B-1. The consignment arrived at Madurai on 4.4.1992. On arrival of the goods at the destination, it was found that a portion of the consignment had been damaged, in respect of which the destination railway issued joint survey report Ex.A-1 stating that 13860 Kgs. of 140 bags of gram kept for assessment delivery and found on most of the bags having holes and from the holes powder with black insects pouring out. The damage was assessed at 35 per cent of 13860 Kgs. There was a claim made by the appellant under Sec.78-B of the Railways Act, 1890 under the original of Ex.A-2. The respondent repudiated under Ex.A-3. Therefo

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