Court : Madhya Pradesh
Reported in : AIR1962MP301
Krishnan, J.1. This is an appeal by the plaintiff from the judgment and decree dismissing his suit for compensation, in respect of a consignment belonging to him, of a boiler and attached parts, carried by the Railway from Kanpur to Sehore, parts of which on arrival were found to have got broken, and parts missing. The questions for decision at this stage are,(i) Whether the suit was bad, (a) for non-compliance with the provisions of Section 77, Railways Act, the claim being preferred in writing more than after six months from the date of delivery of the goods for carriage; (b) for non-joinder, as party, either of the two railway administrations i.e. Northern Railway administration to which the goods were delivered by the consignor and the Central Railway administration over which the goods had to be carried during the latter part of the transport; (c) for limitation under Article 30, and the effect, if any, of the defendant's not having pleaded that the suit had been filed beyond the ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP133; (1958)IILLJ89MP
ORDERA.H. Khan, J. 1. Under Section 27 of the Workmen's Compensation Act, the Commissioner for Compensation has referred this case to the High Court. The facts leading to this reference in brief are that Shrilal, a workman, in the Gwalior Sugar Co. Ltd., Debra, died on 23-1-1956 of the injuries he sustained when the Boiler of the Company accidentally got burst. The Company admits its liability and has deposited Rs. 1500/-for being given to the heir of the deceased if any. A notification was published calling applications from persons who were the dependants of the deceased and entitled to compensation.2. First of all one Dhani Ram applied, but his claim was rejected by the Commissioner. Thereafter, the present applicant Bhawani, a minor brother of the deceased under the guardianship of Chironji, put in his claim for compensation. From the evidence that was produced in this connection, it appeared that Bhawani was a uterine brother of the deceased Shrilal, i.e., the mother of Bhawani an...
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