JUDGMENT

AHMADI, J.:—Special leave granted.

2. The short question which arises for determination in this appeal is whether an indigent person who not possessed of sufficient means to enable him to pay the fee prescribed by sub-section (2) of Section 16 of the Railway Claims Tribunal Act, 1987 (hereinafter called the Act) can be permitted to prefer his claim as an indigent person on the principle embodied in Order. XXXIII of the Code of Civil Procedure, 1908 (herein after called the Code). The brief facts giving rise to this appeal are as under.

3. The appellant despatched marble slab from Makrana Railway Station for carriage by rail under railway risk to Ramanathapuram. The wagon carrying the marble slab met with an accident. The marble slab reached the station of destination in broke pieces. Treating the damage as a total loss, the appellant preferred a claim for Rs. 1,05,000/- before the Railway Claims Tribunal established under Section 3 of the Act. The appellant was required to pay a fee of Rs 2,055/- on the said claim application under sub-section (2) of Section 16 of the Act read with Rule 6 of the Railway Claims Tribunal (Procedure) Rules, 1989 (hereinafter called the Rules). However, since the appellant did not have the means to pay the requisite fee, he lodged the claim application on a fee of Rs 150/- only and prayed that he may be permitted to prosecute the claim as an indigent person. The Tribunal, however came to the conclusion that since Order XXXIII of the Code had no application to claim preferred under the provisions of the Act, the appellant cannot be permitted to prosecute the application as such. the Tribunal, therefore, spurned the appellant request. It is against the said order of the Tribunal that the present appeal by special leave has been brought to this Court.

4. In order to appreciate the contention urged before us it would be advantageous to bear in mind the scheme of the Act. The Act was enacted to inter alia provide for the establishment of a Railway Claims Tribunal for enquiring into and determining claims against the railway administration for loss, destruction, damage, deterioration or non-delivery of goods entrusted to it to be carried by railways and for matters connected therewith or incidental thereto. Section 3 provides for the establishment of a Railway Claims Tribunal. Section 13 which confers jurisdiction reads as under:

"13. Jurisdiction, powers and authority of Claims Tribunal.- (1) The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a Claims Commissioners appointed under the provisions of the Railways Act,

(a) relating to the responsibility of the railway administration as carriers under Chapter VII of the Railways Act in respect of claims for-

(i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;

(ii) compensation payable under Section 82-A of the Railways Act or the rules made thereunder; and

(b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goodsentrusted to a railway administration to be carried by railway.

(2). The provisions of the Railways Act and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act."

Section 15 provides that on or from the appointed day, no court or other authority shall have, or be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of Section 13. We now come to Section 16 which reads as under:

"16. Application to Claims Tribunal- (1) A person seeking any relief in respect of the matters referred to in sub-section (1) of Section 13 may make an application to the Claims Tribunal.

(2) Every application u