THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.M.A.No.106 of 2000 JUDGMENT: The respondent loaded 58.050 metric tonnes of steel at Bokaro Steel Plant for transporting the same to Visakhapatnam on 30.09.1991 through Railway Receipt No.102183. However at the destination, shortage of 0.850 metric tonnes was found. The respondent filed O.A.No.670 of 1993 before the Secunderabad Bench of Railway Claims Tribunal claiming a sum of Rs.11,693/- representing the cost of the deficit quantity with interest at the rate of 18% per annum. The application was opposed by the appellant. Through its order, dated 13.08.1999, the Tribunal allowed the O.A. and directed the appellant to pay the amount. Hence, this appeal. Learned counsel for the appellant submits that admittedly the material was unloaded in the siding owned by the respondent and Section 94(2) of the Railways Act, 1989 (for short ‘the Act’) exempts the Railways from any liability for shortage. Learned counsel for the respondent on the other hand submits that though the loading was done in the siding owned by the respondent, the transportation was undertaken by the Railways and the appellant alone is liable to pay the cost of the pilfered material. The undisputed facts are that the respondent booked wagons for transporting steel from Bokaro Steel Plant to Visakhapatnam and in one such wagon 58.050 metric tonnes were loaded in the siding owned by it. Normally, the transporter, whether Railways or any Road Transport Organisation, would be liable for any short delivery. Section 94(2) of the Act however carves out an exception where the loading of the material is done into the wagons in a siding owned by an Agency other than Railways. As observed earlier, unloading in the instant case was done in the siding owned by the respondent itself. Therefore, the immunity clause contained in Section 94(2) gets attracted. The Tribunal did not focus its attention to this specific provision. The C.M.A is accordingly allowed and the order under appeal is set aside. There shall be no order as to costs. __________ 12.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.M.A.No.106 of 2000 Date: 12.08.2010 JSU