SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

J.B.GARG, P.OJHA
PARDUMAN SINGH – Appellant
Versus
INDIAN RAILWAYS – Respondent


Advocates:
Counsel for the Parties :
For the Appellant : In person.
For the Respondent:Mr. Jagdish Marwaha, Advocate.

ORDER

Mr. Justice J.B. Garg, President — Lt. Col. Parduman Singh booked a small dog from Anup Pur (Madhya Predesh) for Ambala Cantt. on 12.5.1994 and it was to travel by Utkal Express. A sum of Rs. 74/- was paid as charges according to the receipt dated 12.5.1994 issued by Station Master of Anup Pur Junction. On failure of the respondent to deliver the dog at the destination, a complaint was instituted and it has been dismissed by the District Forum on 11.2.1997 holding that the complainant should have approached the Railway Claims Tribunal.

The relevant part of Section 13 of the aforesaid Act is reproduced here as well:

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

2. A perusal of the receipt shows that the dog was specifically booked through 'Way Bill for booking of animals and birds at other than parcel rates'. Since there is a Special Tribunal to deal with such acts or omissions, the complainant though a sufferer was expected to approach the appropriate Forum. There is no good ground for interference and the appeal is dismissed.

Appeal dismissed.



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top