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2019 Supreme(P&H) 1839

RAVI RANJAN
Indian Oil Corporation Ltd. – Appellant
Versus
Union Of India Through The General Manager, Northern Railway, Baroda House, New Delhi. – Respondent


Advocates Appeared:
Mr.Ashish Kapoor, Advocate, for the Appellant; Mr.Sanyam Malhotra, Advocate, for the Respondent-Railways

JUDGMENT

Dr.Ravi Ranjan, J. (Oral) - The appellant-Indian Oil Corporation Limited (hereinafter to be referred as 'IOCL' or 'Corporation') has assailed the judgment dated 27.11.2013 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, in case no.OA-I/01/2009 by which the claim case for compensation filed by the appellant-IOCL has been dismissed.

The appellant-Corporation claimed that the company despatched about 46 numbers of wagon containing Superior Kerosine Oil ((hereafter to be referred to as 'SKO') from IOC KRIR to its depot at IOC SCPD, Jalandhar. 46 Wagons were received but one of the wagons being Wagon No.WR-966867 was not received which would be apparent from the non-delivery certificate granted by the Nothern Railway, Suchipind dated 07.09.2006. It is stated in the claimapplication that a claim notice in this regard dated 26.10.2006 was given to the respondent which was duly received, thereafter, the said wagon was placed on applicant's siding at Suchipind, Jalandhar on 26.10.2006 in leaking condition due to which the appellant-Corporation suffered a loss of 4160 litres of SKO. The seals put up over the tank wagon by the Indian Oil Corporation Limited(IOCL)

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