1992 (11) TMI 282 - SC - Indian Laws

Summary

Issues:
Whether an indigent person can be permitted to prefer a claim as an indigent person under the Railway Claims Tribunal Act, 1987.

Analysis:
The appellant dispatched marble slabs by rail, which were damaged in an accident. The appellant sought compensation from the Railway Claims Tribunal but lacked the means to pay the prescribed fee. The Tribunal rejected the claim, stating that Order XXXIII of the CPC did not apply to claims under the Act. The Supreme Court analyzed the Act's provisions and highlighted that the Claims Tribunal was established to handle claims previously under civil court jurisdiction. The Court emphasized that the Tribunal, though not bound by CPC procedures, could invoke them for justice. Denying access to justice based on inability to pay fees would be unjust. The Court held that the Tribunal's narrow interpretation was incorrect and remitted the matter to the Tribunal, emphasizing the need to ensure access to justice for indigent persons under the Act.

The Act transfers pending suits to the Claims Tribunal if their cause of action falls within the Tribunal's jurisdiction. The Claims Tribunal is empowered to regulate its procedure, guided by principles of natural justice. While not bound by CPC procedures, it can invoke them for justice. The Court highlighted that denying access to justice based on inability to pay fees would be unjust. The Tribunal's narrow interpretation was deemed incorrect, and the Court emphasized the need to ensure access to justice for indigent persons under the Act. The matter was remitted to the Tribunal for further consideration in line with the principles enunciated by the Court.

In conclusion, the Supreme Court allowed the appeal, set aside the Tribunal's order, and remitted the matter for reconsideration. The Court stressed the importance of ensuring access to justice for indigent persons under the Railway Claims Tribunal Act, emphasizing that the Tribunal could invoke CPC procedures for justice despite not being bound by them. No costs were awarded in the circumstances of the case.