SOUTH CENTRAL RAILWAY Vs. SUCHI SINGH

JUDGEMENT

(1.) THESE appeals are preferred by the railways opposite parties 1 and 3 respectively against the order of the Dist. Forum directing them to pay Rs. 72,000 together with compensation of Rs.5,000 and costs of Rs.2,000.

(2.) THE case of the complainant in brief is that she alongwith her family members travelled on 16.1.2008 from Lucknow to Secunderabad by Gorakhpur Express with PNR No. 250 -7087427 wherein berth Nos. 25, 27 and 28 in 510 coach were allotted. While so on 17.1.2008 at about 2.00 a.m. in between Bhopal and Itarsi she lost her VIP Elenga suitcase, articles worth Rs.1,00,000 viz., suitcase, five suits, make up kit, miscellaneous items with valuable jewellery items containing 4 gold bangles, necklace and two ear rings. She fastened the suitcase with a chain which was cut away and taken away by thieves. When she tried to bring to the notice of TTE he instructed her to complain to the railway authorities. There was none to inform. Then she gave a report to the railway police at Baiotol, Madhya Pradesh vide her complaint dated 17.1.2008. All this was due to negligent attitude and non -observing the safety measures. Therefore she claimed Rs.1,00,000 towards value of the goods lost together with Rs.1,00,000 towards compensation and Rs.2,000 towards costs.

(3.) SOUTH Central Railway OP1 resisted the case. Since the cause of action arose between Bhopal and Itarsi within the jurisdiction of West Central Railway, it was not proper party to be impleaded and the complaint against it has to be dismissed. The complaint is liable to be dismissed for non -joinder of Divisional Railway Manager of the said railways. No doubt it has issued ticket to the complainant and very issuance of ticket would not confer jurisdiction. It put the complainant to prove loss of jewellery and other items in the theft that said to have taken place. By virtue of Section 2(32) of Railways Act, 1989 each zone of the railways has to be impleaded, and that complainant cannot claim deficiency in service on its part.