Vijay Kumar Shukla, J.

This is an appeal filed by Union of India through General Manager South Eastern Railway, Kolkata under Section 23 of Railway Claims Tribunal Act, 1987 (hereinafter the same shall be referred as Act challenging the award dated 22.01.2009 passed by the Railway Claims Tribunal whereby the claim filed by the respondent under Section 16 of the Act against the appellant has been allowed and the appellant has been directed to pay an amount of Rs. 1,83,340/- as compensation along with at the rate of 6% p.a from the date of filing of the claim application till realization. The learned counsel for the appellant submitted that the claim filed by the appellant was miserably barred by limitation but the claim tribunal allowed the claim and the delay was condoned by separate order dated 11.08.2004.

2. Facts lie in a narrow compass are that the respondent dispatched consignment of one bag wagon containing 1030 bags of urea from Vijay to Tirodi under R.R. no.395768 dated 16.04.1992. The consignment was loaded in wagon no.NR8553 for safe carriage and delivery to the destination station. The aforesaid consignment did not reach the destination station and was not delivered