LAWS(NCD)-2012-10-101

SOUTHERN RAILWAY Vs. STALIN HERALD

Decided On October 12, 2012
SOUTHERN RAILWAY Appellant
V/S
Stalin Herald Respondents

JUDGEMENT

(1.) The main question to the Fora is whether the present case is maintainable in view of bar created by the Railway Tribunals Act. Southern Railway has filed this revision petition because the District Forum directed the petitioner/opposite party to pay a sum of Rs. 50,000 with interest @ 12%, as the price of lost articles and Rs. 5,000 as costs. The order passed by the District Forum was confirmed by the State Commission.

(2.) It is mentioned that there is a delay of 86 days in filing the revision petition. It is explained that the reason for the same is stated to be departmental delays. As the respondent has a very good case on merits, we accept its contention and condone the delay for the reasons given in the application for condonation of delay.

(3.) The facts of this case are these. The complainant, Stalin Herald, was working in the army. He sent his household appliances from Surat Garh to Thiruvananthapuram through the petitioner. The complainant entrusted 11 packages but received only 7 packages. The estimate of lost articles was Rs. 1,31,500. The complainant's new washing machine and two big boxes containing valuable household articles including dinner sets etc. were found to be missing.