9911796707
TMI Blog1992 (11) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... he CPC, 1908 (hereinafter called 'the Code'). The brief facts giving rise to this appeal are as under. 3. The appellant despatched marble slabs from Makrana Railway Station for carriage by rail under railway risk to Ramanathapuram. The wagon carrying the marble slabs met with an accident. The marble slabs reached the station of destination in broken pieces. Treating the damage as a total loss, the appellant preferred a claim for ₹ 1,05,000 before the Railway Claims Tribunal established under Section 3 of the Act.. The appellant was required to pay a fee of ₹ 2,055 on the said claim-application under Sub-section (2) of Section 16 of the Act read with Rule 6 of the Railway Claims Tribunal (Procedure) Rules, 1989 (herein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Claims Commissioner appointed under the provisions of the Railways Act,- (a) relating to the responsibility of the railway administration as carriers under Chapter VII of the Railways Act in respect of claims for- (i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway; (ii) compensation payable under Section 82-A of the Railways Act or the rules made thereunder; and (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway. (2) The provisions of the Railways Act and the rules made thereund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs as are vested in a civil court under the CPC 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions: (g) dismissing an application for default or deciding it ex parte; (h) setting aside any order or dismissal of any a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er than claim of compensation for death or injuries to passengers, shall be accompanied by a fee as specified in Schedule II. Rule 44 lays down that nothing in the Rules shall be deemed to limit or otherwise affect the inherent power of the Tribunal to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Tribunal. 5. It will be seen from the scheme of the Act that on its coming into force from the appointed day, all suits pending in the civil court would stand transferred to the Claims Tribunal if the cause of action of the suit would have fallen within the jurisdiction of the Tribunal after the appointed day. Therefore, even a suit filed under the provisions of Order XXXIII would stand t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure and Sub-section (3) of Section 18 enumerates the matters in respect whereof the Claims Tribunal is permitted to exercise the same powers vested in a civil court under the Code while trying a suit. Rule 44 in terms states that nothing in the Rules shall be deemed to limit or otherwise affect the inherent power of the Tribunal to make such orders as may be necessary for the ends of justice. Nowhere in the Act is there any provision which runs counter to or is inconsistent with the provisions of Order XXXIII of the Code. Although the Act and the Rules do not specifically provide for the application of Order XXXIII of the Code, there is nothing in the Act or the Rules which precludes the Tribunal from following that procedure if the ends of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forgo the same if he does not have the means to pay the requisite fee. Such an interpretation which denies justice must be avoided. Section 18(1) only says that the Claims Tribunal 'shall not be bound' by the procedure laid down by the Code but does not go so far as to say that it 'shall be precluded' from invoking the provisions laid down by the Code even if the same is not inconsistent with the Act and the Rules. Since the Claims Tribunal is empowered to regulate its own procedure, there is nothing in the Act and the Rules which precludes the invocation of Order XXXIII of the Code. A view which advances the cause of justice must be preferred to the one which defeats it. We are, therefore, of the opinion that the Tribunal a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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