UNION OF INDIA Vs. SAHA RAVJI PURSHI

JUDGEMENT

(1.) THIS appeal under section 23 of Railway Claims Tribunal Act. 1987 is filed by Union of India, challenging the award of Rs. 40,000/ - passed in favour of respondent.

(2.) BRIEF facts of the case are that on 11.2.1991 respondent booked 200 bags of "Amla" from Betul to Jaipur. The goods reached Jaipur after undue delay on 27.8.1991. The delivery of goods was effected on 2.9.1991. At the time of delivery 54 bags in each consignment were delivered short and Damage Certificate was issued. After service of notice the claim application is filed. The Claims Tribunal has determined the damages at Rs. 40,000/ - with interest at the rate of 10% per annum from 27.1.1994.

(3.) CLAIMANT has submitted claim of Rs. 51,541/ -. In the application it is claimed that the goods in two consignments were booked from Betul to Jaipur vide Railway Receipts No. B/025915 (Invoice No. 2) and B/02596 (Invoice No. 3) consisting of 100 bags of "Amla". The value of consignment was Rs. 60,467/ - and freight charges was Rs. 6,016/ -. Notice was sent to Railways Administration under section 78B of Indian Railways Act 1890 on 13.5.1991 and 27.5.1991, and to Chief Claims Officer, Western Railways and Central Railways on 19.8.1991. Counsel for appellant submitted that the said notices were issued beyond the period of six months, as such claim as filed was not maintainable. The notices must be issued within six months from the date of Short Certificate. Since the delivery was effected on 2.9.1991, notices under section 106 ought to have been issued within six months from the date of application. He submitted that after Short Certificate no notice was served within six months from the date of loss. He submitted that on failure to issue notices the claim petition deserves to be dismissed. Counsel for appellant has further argued that the affidavit filed by claimant is vague and from the affidavit quantum of amount cannot be determined. Though in the application it is mentioned that notice under section 78B of Railway Act, 1890 was issued whereas in the affidavit it is mentioned that the notices under Section 106 of Railway Act 1989 was sent to Railway Administration by registered post dated 13.5.1991. He submitted that no claim was lodged within six months from the date of issuance of Short Certificate.