S. Mallesam Vs. Registrar, Railway Claims Tribunal and anr. - Court Judgment

Excerpt:
- orderb. subhashan reddy, j.1. pursuant to the order passed by this court on 13.3.1992 it is stated by mr. s. lakshma reddy, the papers were represented before the registry of the railways claims tribunal, secunderabad but the said registry by an order dated 8.4.92 again returned the papers on the grounds mentioned infra:'(a) the tribunal has no jurisdiction to entertain application under section 13 of rtc act, 1981.(b) the accident does not come under section 82-a of the old railway act, 1870 (under section 124 of the new railway act, 1989).(c) the applicant is not a bonafide passenger.'it is not for the registry to adjudicate with regard to the jurisdictional aspects and also on merits that the applicant is not a bona fide passenger. these aspects require a judicial adjudication and the registry is not empowered to deal with the said aspects. as such, i direct the 1st respondent to register the claim made by the petitioner herein if the papers are again represented by 30-4-1992. after the claim is registered, the railways claims tribunal shall adjudicate the matter on merits-both factual and legal, including that of jurisdiction.2. writ petition is disposed of accordingly. no order as to costs.

Judgment:
ORDER

B. Subhashan Reddy, J.

1. Pursuant to the Order passed by this Court on 13.3.1992 it is stated by Mr. S. Lakshma Reddy, the papers were represented before the registry of the Railways Claims Tribunal, Secunderabad but the said registry by an order dated 8.4.92 again returned the papers on the grounds mentioned infra:

'(a) The Tribunal has no jurisdiction to entertain application under Section 13 of RTC Act, 1981.

(b) The accident does not come under Section 82-A of the old Railway Act, 1870 (under Section 124 of the new Railway Act, 1989).

(c) The Applicant is not a bonafide passenger.'

It is not for the registry to adjudicate with regard to the jurisdictional aspects and also on merits that the applicant is not a bona fide passenger. These aspects require a judicial adjudication and the registry is not empowered to deal with the said aspects. As such, I direct the 1st respondent to register the claim made by the petitioner herein if the papers are again represented by 30-4-1992. After the claim is registered, the Railways Claims Tribunal shall adjudicate the matter on merits-both factual and legal, including that of jurisdiction.

2. Writ Petition is disposed of accordingly. No order as to costs.