- (1.) Appellant-Punjab State Civil Supplies Corporation Limited booked a consignment of gunny bales from ex-Muktapur to Makhu, vide RR No.B-254934, dated 16.04.1993. During the transit, the consignment of gunny bales was transshipped from wagon No.WRBC61631 in two wagons, viz. SRC30969 and ERC18522, having 42 bales each. Out of these, only wagon No. SRC30969 reached Makhu Railway Station, containing only 41 bales. The other wagon No.ERC18522 had not arrived even at the time of making the claim. A formal claim of Rs. 2,09,496/- lodged by the appellant with the Chief Claims Officer (Claims), Northern Railway, followed up with reminders of 02.07.1994 and 08.02.1995. A deemed notice dated 09.05.1993 was served upon the Railway Administration under Section 78- B of the Indian Railways Act, 1890. Since, the compensation was not paid, therefore, an application was filed before the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short 'the Tribunal').
(2.) The respondent-Railway took the plea that the statutory notice under Section 106 of the Railways Act, 1989 (in short 'the Railways Act') was not served within the stipulated period of six months. The application was not signed by the competent authority. On merits, the booking particulars were admitted. It was stated that the consignor got booked 210 bales of gunny bags as per forwarding note and the number of the bales were not counted by the railway staff at the forwarding station. The railway staff took all reasonable care and foresight while handing the consignment and transshipping the same. The following issues were framed: 1. Whether the claim application has been filed through a competent & authorized person on behalf of the applicant OPA 2. Whether the applicant served the statutory notice u/s 106 of the Railways Act within the statutory period OPA 3. Whether the applicant is entitled to recover the amount on the grounds mentioned in the claim application OPA 4. Relief." Issues Nos.1 and 3 were determined in favour of the applicantappellant. However, while deciding issue No.2, it was held that the notice under Section 106 of the Railways Act was not served within the period of six months from the date of booking. Hence, the application for compensation was dismissed. I have heard learned counsel for the parties and have also carefully gone through the case file.
(3.) The findings on merits are in favour of the applicant-appellant. Before this Court, the short point arising for consideration is as to whether a notice under Section 106 of the Railways Act was served within the stipulated period Section 106 of the Railways Act provides as under: 106. Notice of claim for compensation and refund of overcharge. - (1) A person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration of; non-delivery of goods carried by railway, unless a notice thereof is served by him or on his behalf, (a) to the railway administration to which the goods are entrusted for carriage; or (b) to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurs, within a period of six months from the date of entrustment of the goods. (2) Any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administrations mentioned in sub-section (1) by or on behalf of the person within the said period of six months regarding the non-delivery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for compensation. (3) A person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefor has been served by him or on his behalf to the railway administration to which the overcharge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station, whichever is later." A perusal of Section 106 of the Railways Act shows that under sub Section (1), the notice has to be served within a period of six months from the date of entrustment of goods. Sub Section (2) explains as to what communications are treated as deemed notice ;