UNION OF INDIA Vs. ALAPATI VISWANATHAM

JUDGEMENT

(1.) This appeal is preferred by the appellant herein as against the order dated 16-11-1995 in O.A.NO.32 of 1994 on the file of Railway Claims Tribunal, Secunderabad Bench, Secunderabad. On appreciation of both oral and documentary evidence and on consideration of facts and circumstances of the case, the Tribunal directed the appellant herein to pay sum of Rs.4,55,000/- to the respondent-applicant towards compensation with interest at the rate of 12% per annum from the date of application till the date of payment. Accordingly, the application was allowed in part with proportionate costs. Aggrieved by the same, the appellant preferred this appeal.

(2.) The learned counsel for the appellant contended that the Tribunal below erred in not dismissing the application for non-compliance with Section 106 of the Railway Act, 1989 (herein after referred to as Act for the sake of convenience). The learned Counsel further contended that the Tribunal below erred in holding that simply because Railway authority gave reply to the letter, the railways have waived the notice under Section 106 of the Act. In support of his contentions, the learned Counsel for the appellant submitted that the Tribunal has wrongly relied on the judgment of the Honble Supreme Court reported in Jetmull Bhojraj v. Darjeling Himalayan Railway Co. Limited and others (AIR 1962 SC 1879) in which Section 77 requires a claim for compensation.

(3.) In the minority view the section requires a claim for compensation for the loss, destruction or deterioration of goods to be preferred to the railway administration within six months of the delivery of the goods to the railway for carriage. It is well settled that the section is mandatory. If a claim is not preferred within the time mentioned, it cannot be recovered from the railway; a suit for such recovery must be dismissed.