STEEL AUTHORITY OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 04.09.1998 passed by the Railway Claims Tribunal, Bhubaneswar (for short "the Tribunal") in O.A. No.94 of 1990, whereby the Tribunal dismissed the appellants appeal on the ground that no statutory notice under Section 78 -B of the Indian Railways Act, 1890 (for short "the I.R. Act") had been served on the Railways within a period of six months from the date of delivery of the goods for carriage to Railway.

(2.) THE case of the appellant before the Tribunal was that on 26.12.1988, the appellant -Steel Authority of India entrusted 60.500 MT of new Joist from Durgapur Railway Authorities for transporting the same to Bhubaneswar. As the consignment did not reach within the reasonable time, on 21.03.1989 the appellant sent a notice under Section 78 -B of the I.R. Act to the respondent authority by registered post with A.D. As the postal A.D. was not received, the appellant sent another legal notice on 12.06.1989 under Section 78 -B of the I.R. Act and Section 80 of the C.P.C. to the respondent by registered post, which was duly served and acknowledged by the respondent on 14.06.1989. Thereafter the Railway Authority took step and the goods were brought to Bhubaneswar on 19.10.1989 in a transshipped wagon. On inspection of the wagon as shortage was apprehended, the appellant requested the Chief Goods Superintendent, S.E. Railways, Bhubaneswar to give weighment delivery and to send their representative to be present at the time of weighment. As the said station Superintendent did not agree, the appellant got the goods weighed through Boda Marine and Central Survey Agency, a registered surveyor, immediately after unloading. On such weighment, it was found that the goods weighed 54.400 M.T. only and thus there was shortage of 6.100 M.T. The surveyor submitted a report to that effect. Finding the shortage in weighment, the appellant sent another notice dated 01.11.1989 under Section 78 -B of the I.R. Act intimating the loss and sent a notice dated 06.12.1989 under Section 80 of the C.P.C. for compensation of Rs.44,286/ - which is equivalent to the price of goods lost on transit. Since the respondent authority did not pay any heed to the grievance of the petitioner, he filed O.A. No.94 of 1990 before the Tribunal. Learned Tribunal dismissed the appeal on the ground that notice as contemplated under Section 78 -B of the I.R. Act had not been served within a period of six months from the date of delivery of goods for carriage to the railway. Hence, the present appeal.

(3.) MR . Mishra, learned counsel appearing on behalf of the respondent -Railway Authority supporting the impugned order of the Tribunal vehemently contended that there was no infirmity and irregularity in the order of the Tribunal warranting interference by this Court.