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1966 Supreme(Ker) 194

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
GENERAL MANAGER, WESTERN RAILWAY – Appellant
Versus
LEKSHMI TEXTILES – Respondent


Judgment :-

1. This Civil Revision Petition has been referred to a Bench for decision, as it raises a question of importance under S.78B of the Indian Rail ways Act, 1830. On the 15th March 1962, the respondent consigned goods for carriage by railway from Cannanore Railway Station for delivery to self at Bilimora Railway Station. They were not taken delivery of at the destination, and were, at the request of the respondent, rebooked at Bilimora on the 25th June 1962, for carriage by Railway and delivery at Cannanore. The consignment never reached Cannanore. The respondent preferred a claim under S.78B by forwarding it by registered post on the 26th December, 1962. The claim not being met, the respondent sued the revision petitioner, the Union of India, represented by the General Managers of the concerned railways, for compensation for non-delivery of goods. The petitioner contended, that no claim was preferred within the period prescribed by S.78B. The Munsiff overruled the contention and gave judgment to the respondent which is now sought to be revised.

2. The only question is whether the claim preferred was in compliance with S.78B. The relevant part of that section is as follows:



















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