‘He is solely entitled for compensation equal to the composite speed post service charges which he has paid together with aught less together with aught more.’
Can i teach compensation from post service purpose for the loss suffered past times him when at that spot is a delay inwards delivery of postal articles? Chhattisgarh High courtroom says: No.
The Chhattisgarh High Court in Post Master vs. Rajesh Nag has held that post service purpose is non liable to pay damages for delay inwards delivery of speed post, postal articles inwards lite of Section half dozen of the Indian Post Office Act, 1898.
Justice Sanjay K Agrawal ready aside a permanent Lok Adalat club that granted damages to the extent of Rs. 25,000 to i Rajesh Nag. He had sent around application past times speed post service to academy 2 days earlier the terminal appointment of submission. As it did non hit inside 2 days, his application got rejected together with he was non called for interview.
Assailing the Lok Adalat award, the Post Master had approached the high courtroom contending that inwards sentiment of provisions contained nether Section half dozen of the Act of 1898, for delay inwards transmission of the postal article, the post service purpose is non responsible every bit the delay has non been caused fraudulently or willingly.
The bench referred to Section half dozen of the Act which states the post service office, which is run past times the government, shall non travel liable for delay caused inwards delivery of the postal articles either past times ordinary or registered post, except the liability which may travel expressed inwards price undertaken past times the Central Government.
Indian Post Office Rules, inwards this regard, state: “In example of delay inwards delivery of domestic speed post service articles beyond the norms determined past times the Department of Post from fourth dimension to time, the compensation to travel provided shall travel equal to the composite speed post service charges paid.” Also “In the consequence of loss of domestic speed post service article or loss of its contents or harm to the contents, compensation shall travel double the sum of composite speed post service charges paid of Rs, 1,000 whichever is less.”
The courtroom besides observed that liability of the post service purpose is non contractual but statutory together with that the Post Office is the subdivision of the Central Government together with it is non a mutual carrier.
Setting aside the Lok Adalat order, the courtroom said: “There was delay inwards degree of transmission of the postal article sent past times the petitioner to the Bastar University but past times virtue of the provisions contained inwards Section half dozen read amongst Rules of 1933 along amongst the notification dated 01st October, 2012, the petitioner is non liable to pay damages together with respondent No. 1 is solely entitled for compensation equal to the composite speed post service charges which he has paid together with aught less together with aught more. Therefore, the Permanent Lok Adalat is absolutely unjustified inwards belongings that the petitioner is entitled for Rs.25,000/- ignoring the mandate of Section half dozen of the Act of 1898 together with the Rules made thereunder simply on the reason that such a compensation is non practical when the Act provides.”
Read the Order Here : Click Here
Source : http://www.livelaw.in/
0 Komentar untuk "Post Component Subdivision Non Liable To Pay Damages For Delay Inwards Delivery Of Speed Post, Postal Articles: Chhattisgarh Hc"