Division Circuit Bench at Guwahati)

Coram: Mr. D. N. Tiwari, Member (Judicial), RCT Gorakhpur Bench Mrs. Leena Sarma, Member (Technical), RCT Guwahati Bench (MFA-15/2015)

Date of filing original application: 22.01.2008 Date of Judgement:16.02.2026 M/s. Indian Oil Corporation Ltd. .... Applicant -Versus-

The Union of India represented by The General Manager, N.F Railway, Maligaon, Guwahati-1 .... Respondent Present: Shri K. P. Maheshwari, Learned counsel for the applicant.

Shri P. S. Deka, Learned counsel for the respondent.

Mrs. Leena Sarma, Member (Technical)

JUDGEMENT

This claim application is filed by the applicant M/s. Indian Oil Corporation Ltd.

for compensation for shot delivery under Section 16 of the Railway Claims Tribunal Act, 1989.

2. The Applicant is the consignee of the goods in question and holds the legal title and lawful entitlement to claim compensation from the Railway Administration for short delivery of goods at the destination station. The present claim arises out of shortage of SKO consignment booked under Railway Risk Rate.

2.1 It is submitted that a total of 47 BTPN tank wagons loaded with SKO were booked by the Railway in safe, sound and secured condition after due compliance with all legal and statutory inspections as prescribed under the Railway rules. The consignment was accepted under Railway Risk Rate, thereby fastening enhanced responsibility and liability upon the Railway Administration during transit.

2.2 The goods were loaded under proper supervision of the Railway authorities. The quantity loaded in each tank wagon was duly verified by dip measurement, and freight bills were accordingly prepared, raised and collected by the Railway without any objection. After loading, all the tank wagons were properly sealed by the Railway in accordance with the booking conditions applicable to consignments booked under Railway Risk Rate.

2.3 However, at the time of unloading at the destination station, it was found that the wagon seals, both at the top and bottom, were missing and the mouths of the tank wagons were in open condition. The oil contents were found to have leaked/passed away during transit, resulting in substantial shortage of the consignment.

2.4 Upon proper verification and inspection at the destination, the Railway authorities issued Shortage Certificates certifying the shortages as determined by dip measurement. The Applicant thereafter lodged its compensation claim with the Railway Administration within the prescribed time. The Railway was also reminded through the Applicant’s Advocate’s letter dated 08.01.2008, yet no compensation has been paid till date.

2.5 Due to the wrongful acts, negligence and failure on the part of the Railway Administration to safely carry and deliver the goods entrusted to it, the Applicant has suffered financial loss. As per calculation, a shortage of 25,767 litres (25.767 KL) of SKO was found in 29 BTPN tank wagons. The claim has been calculated at the rate of Rs. 30,291.51 per KL, amounting to Rs. 7,80,521/-.

2.6 Thus, the Applicant has suffered a total loss of Rs. 7,80,521/- in the said transaction. The Railway Administration is fully liable to make good the said loss along with interest and costs, and hence this prayer for justice.

3. The Respondent Railway submits that it has received a copy of the claim petition, has gone through the contents thereof and understood the same. Save and except those statements which are specifically admitted herein, each and every allegation, contention and averment made in the claim petition is denied as false, incorrect and misconceived. The Respondent submits that the statements made in the relevant paragraphs of the claim petition are matters of record, and anything not borne out by official records of the Railway is deemed to have been specifically denied. The Applicant is put to strict proof of all allegations made in the claim petition. The Respondent specifically denies the valuation of the claim and further denies that the Applican