KHANDELWAL FERRO ALLOYS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this second Appeal, the appellant/plaintiff challenges the judgment and decree passed against him by both the Courts below.

(2.) BOTH the Courts below found that the claim for compensation preferred by the plaintiff to the Railway authorities was not within the statutory period of six months as contemplated under Section 78-B of the Indian Railways Act, 1890. In the result, both the Courts below dismissed the plaintiff claim.

(3.) SHRI A. S. Kilor, the learned counsel for the appellant, by inviting my attention to the provisions of Section 78-B and Section 140 (C) of the Indian Railways Act. 1890 urged that when a letter/notice is posted, it is presumed that the claim is preferred as contemplated in Section 78-B of the Indian Railways Act and, therefore, according to him, in the present case the claim preferred by the plaintiff from the date of posting of letter is well within time and both the Courts below erred in holding otherwise.