J.B.GARG, P.OJHA
PARDUMAN SINGH – Appellant
Versus
INDIAN RAILWAYS – Respondent
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.