OM PARKASH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed against the decision of the learned Civil Judge Senior Division, an Ex-Officio Claims Commissioner, Pune, in Miscellaneous Application No. 150 of 1979 on his file rejecting the applicant's (appellant herein) claim for compensation on the ground that he was not entitled to claim compensation under the provisions contained in Section 82-A of the Indian Railways Act.

(2.) AT the commencement of this appeal it was conceded on behalf of the railway administration that the applicant was a passenger who had paid for the ticket which was payable by him as per the rule although undoubtedly he was an escort accompanying the goods consigned by Ms employers in a goods train. In view of this concession no further arguments have been advanced by Mr. Kudrolli on this point.

(3.) BEFORE going to the provisions contained in Section 82-A we may dispose of two other objections to the maintainability of the action which appear to me to be without substance. The first of these was that the claim was not filed before a Claims Commissioner. However, even in the written statement, the Civil Judge, Senior Division has been designated as Ex-Officio Claims Commissioner and the point has not been specifically taken in the written statement. The plea in the written statement is merely that this is not covered by Section 82-A since the train was a goods train and not a passenger train. No such technical plea can be allowed to be taken for the first time in appeal.