UDAI RAM JWALA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) -This is a plaintiff 's miscellaneous appeal against the order of the Railway Claims Tribunal, Patna Bench, dated 30th August, 1990 whereby and where under the claim application was dismissed.

(2.) AS would appear from the materials on record, the suit consignment was booked through R.R. dated 2.12.1981 at Delhi. When the consignment reached to the destination and delivery was made, the plaintiff noticed damage and also shortage in different bags of rice. The Railway Administration also issued shortage/damage certificate, which could be evident from the order itself. The plaintiff, therefore, filed instant claim for realisation of damages along with interest which allegedly occurred due to negligence of the respondent -Railway.

(3.) LEARNED counsel for the appellant contended that in the instant case claim was made with respect to the shortage and damages of the consignment. Therefore, the period of three years would run from the date of the open delivery of the consignment. In support of his contention learned counsel placed reliance on a Bench decision of this Court in the case of Union of India vs. Jogendra Chandra Naha and other (1971 Patna 24) as also another decision of a learned single Judge in Central Coal Fields Ltd. vs. The Union of India and ors. (1993 BBCJ 371: 1993(2) PLJR 49) to show that in such cases the period of limitation would start when the delivery was made.