KHUDA BAKSH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this common order M.A. No. 1154/1996 and M.A. No. 1034/1996 (1997 7) are being disposed of as both the said appeals involve common question.

(2.) THE original appellant Khudabaksh filed claim petitions before the Railway Claims Tribunal, Bhopal claiming compensation for damages suffered by him on account of short delivery of consignment booked by him. The said petitions were admittedly filed after three years but before the expiry of three months thereafter from the date of booking of the goods. An application under Section 15(2) of the Limitation Act, read with Section 17(2) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'Act' for short), was filed. It was averred in the said application that as notice under Section 78(b)(now under Section 106 of the Railway Act, 1989) was a statutory requirement; hence, the petitioner/appellant was under a bona fide belief and was also legally advised that in computing the period of limitation, period of notice of three months could be excluded. In other words the claim could be preferred within a period of three years and three months.

(3.) DURING the pendency of these appeals, the original claimant/appellant Khudabaksh has expired. His Legal Representatives have been substituted in his place.