01 March, 2012

Legal Alert::: Non Delivery of Postal Article amounts –Postal Department are liable to pay compensation amount


Non Delivery of Postal Article-District Forum Allowed Complaint –Department went in appeal in State Commission-Held that officials are being negligent are liable to pay the amount-Compensation of Rs. 3,000 granted.
On 16.10.2007 a speed post envelope containing two drafts of the value of Rs. 1, 60,000 were entrusted to the post office speed post. This envelope was not delivered and when enquiry was made, it revealed that the envelope was not sent at all and it was returned to the sender on 31.10.2007. It was in back drop that the claim for compensation was made.
The post office has denied any liability for no delivery of postal article and referred to the exemption granted by Section 6 of the Indian Post Office, 1898 and Rule  66 B of the Post Office Speed Post Rules.
The District Forum has directed to refund charged Rs 25 and has awarded compensation for mental agony a sum of Rs. 25,000. A sum of Rs. 1,000 has been awarded as costs and the judgment directs that if within 30 days amount is not paid, 8% p.a. interest would be chargeable.
The Post office went in appeal in State Commission.
In the present case the case falls within four corners of the exception and displays a glaring example of willful negligence. Under these circumstances, the official being negligent is liable to pay the amount.
From the above we are clear that respondent is entitled to compensation for negligence. Accordingly, award of Rs. 25 as postal charges is just and proper. However, Rs. 25,000/- awarded by the District Forum is quite high in view of the Legal Position restricting the liability of the Central Government and we therefore award costs of Rs.  3000/- and the amount awarded by the District Forum is set aside. The appeal is accordingly disposed of.

Regards
Team, Legal Point Foundation  
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