Court : Andhra Pradesh
Reported in : 2000(1)ALD689
..... the alleged violation of the rights under the contract, the only recourse available to the petitioners is the railway claims tribunal constituted under the railway claims tribunal act, 1987; which provides for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or nondelivery of animals or goods, entrusted to it to be ..... contention of the learned counsel for the petitioners, the learned standing counsel for the railways submitted that under section 13(lxb) of the railway claims tribunal act, 1987, the claims tribunal is empowered to exercise jurisdiction in respect of the claims for refund of fares or part thereof, for refund of any freight paid in respect ..... collected by the respondents. the grant of said relief squarely falls within the ambit of section 13(lxb) of the railway claims tribunal act, 1987, which can be only be after conducting a detailed enquiry and investigation in the matter having regard to the provisions of section 78 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT783
..... of civil procedure to apply in certain cases:- the following provisions of the first schedule to the code of civil procedure, 1908 (central act 5 of 1908), shall so far as may be, apply to proceedings before the claims tribunal namely, order v, rules 9 to 13 and 15 to 30; order ix, order xiii, rules 3 to 10; order xvi, rules 2 ..... to 21; order xvii and order xxviii, rules 1 to 3'.10. motor vehicles act and rules contain both substantive and procedural laws. by implication of the ..... award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the claims tribunal of the bringing of the proceedings, or m respect of such judgment or award so long as execution is stayed thereon pending an appeal; and an insurer to whom notice .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... or by all or any of them, as the case may be.34. the principles applicable for determination of the compensation have not been specified in the act. the claims tribunal was required to make an award determining the amount of compensation which appears to it to be just. therefore, a considerable amount of discretion is conferred upon the ..... are to be applied while determining the compensation are all well settled as not to need any reference to the case-law on that subject. the claims tribunal, under section 110b of the act, is required to make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom ..... in the construction of a new statute if any provision therein is of doubtful import : bank of england v. vagliano brothers [1891] ac 107 robinson v. canadian pacific railway company [1892] ac 481 and mersey docks v. cameron [1865] 11 hlj 443.the purpose of a consolidating statute is to present the whole body of statutory law on .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALT720
..... the appeal and in this appeal before us. the above said case proceeded as if the civil procedure code is applicable to the claim petitions under the motor vehicles act, 1988. the procedure applicable to the motor vehicles accidents claims tribunals is framed under the a.p. motor vehicles rules, 1964. rule 517 of the rules is in the following terms: ..... does not indicate that the driver has to be impleaded as a necessary party. as per rule 476 (4), the claims tribunal shall not reject any application made as per chapter x of the motor vehicles act on the ground of any technical flaw, but shall give notice to the applicant and get the defect rectified. in this ..... statement to that effect immediately before the signature of the applicant;(3) xxxxxxxxx(4) the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act.8. when a similar case has come up for consideration before a learned single judge of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002ACJ1993
..... in the appeal and in this appeal before us. the above said case proceeded as if the civil procedure code is applicable to the claim petitions under the motor vehicles act, 1988. the procedure applicable to the motor accidents claims tribunals is framed under the a.p. motor vehicles rules, 1964. rule 517 of the rules is in the following terms:517 ..... rules does not indicate that the driver has to be impleaded as a necessary party. as per rule 476 (4), the claims tribunal shall not reject any application made as per chapter x of the motor vehicles act on the ground of any technical flaw, but shall give notice to the applicant and get the defect rectified. in this ..... to that effect immediately before the signature of the applicant.(3) xxx xxx xxx(4) the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act.8. when a similar case has come up for consideration before a learned single judge of this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD234; 1999(1)ALT346
..... to the district judges and other members of the subordinate judiciary and personnel of defence and other specific categories, the members of the income tax appellate tribunal cannot claim immunity from the purview of the administrative tribunals act, 1985. even the decisions cited by the learned counsel for the petitioners supporting his contentions that the petitioner is entitled to immunity on par with other ..... constitution of india. learned counsel states that section 9 of the administrative tribunals act gives immunity, in the matter of resignation and removal, to the chairman, vice-chairman and other members, whereas the petitioner cannot claim even the immunity provided to the members of the administrative tribunals under section 9 of the administrative tribunals act. according to the learned counsel, there is no constitutional status provided .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)ACC239; 2005ACJ1249; AIR2004AP442; 2004(4)ALT464
..... application for default or any order passed by it ex parte;(i) any other matter which may be prescribed.' 6. pursuant to the railway claims tribunal act, the central government passed the railway claims tribunal (procedure) rules, 1989. rule 5 prescribes the procedure for filing of applications. it has come into effect on 19th september, 1989 and ..... carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident'. section 18 of railway claims tribunal act, 1987 reads as follows:procedure and powers of claims tribunal:- (1) the claims tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908 (5 of 1908), but ..... try the suit in respect of the matters mentioned therein. it has also empowered to receive evidence and affidavits. section 18 of the railway claims tribunal act states that the tribunal has got power to regulate its own procedure including the fixing of places and times of its enquiry and it has to decide every .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2000)ACC41; 1999(6)ALD591; 2000(1)ALT645
..... compensation under section 124 or section 124-a may be made to the railway claims tribunal. the railway claims tribunal act, 1987, provides for the establishment of railway claims tribunals for enquiring into and determining the various types of claims against a railway administration including the claims for compensation for death or injury to passengers occurring as a result of railway accidents or untoward incidents and for matters connected therewith or incidental thereto.9 ..... respondents was made within the prescribed time. as such we may straightaway go to section 18 of the railway claims tribunal act which deals with the procedure and powers of the claims tribunal. it is useful to extract the said section.'18. procedure and powers of claims tribunal :--(1) the claims tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908 (5 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2005)ACC520; AIR2005AP184; 2005(2)ALD525; 2005(2)ALT127
..... application by filing a written statement as well as two additional written statements. the appellant, inter alia, contended that the claim of the respondent is not valid and tenable under section 78-b ..... -7-1989 and 28-7-1989. the railways sent reply repudiating the claim on the ground that the claim was made in contravention of section 78-b of 1890 act and beyond the period of limitation of three years. hence, visakhapatnam steel filed the application before the learned tribunal presumably under section 13 of the railway claims tribunal act, 1987 (for short, the act).4. the appellant herein opposed the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005ACJ663; 2003(4)ALD470
..... in making the application can be condoned?3. under section 16 of the railway claims tribunal act, 1987 (for short 'the act'), an application has to be made in the prescribed form before the railway claims tribunal for compensation. section 17 of the act prescribes limitation. section 17(1)(b) reads as follows:'(a) xxx(b) ..... and crippledness for ever. the object of the railway claims tribunal act, 1987 is to extend the financial help to the persons who are involved in the railway accidents and the act enable the victims or their representatives to approach the railway claims tribunal for compensation against railway administration. this is a social welfare legislation introduced ..... of 'workman', he is not entitled to compensation under the workmen's compensation act. therefore, steps were taken to make a claim under railway claims tribunal act, 1987. since no action was taken at the end of the railway administration regarding payment of compensation, the petitioner issued a legal notice on 4- .....
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