High Court Patna High Court - Orders

Mostt.Kaleshwari Devi vs The Union Of India on 7 February, 2011

Patna High Court – Orders
Mostt.Kaleshwari Devi vs The Union Of India on 7 February, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         MA No.156 of 2009
              MOSTT.KALESHWARI DEVI, WIFE OF LATE RAM NARESH RAM,
              RESIDENT OF VILLAGE - RAMPUR BALRA, P.S. KURHANI, DISTT.
              MUZAFFARPUR.
                         ------ (APPELLANT IN THE TRIBUNAL) .... APPELLANT
                                               Versus
              THE UNION OF INDIA REPRESENTED THROUGH THE GENERAL
              MANAGER, EAST CENTRAL RAILWAY, HAZIPUR (BIHAR)
                               (RESPONDENT IN TRIBUNAL).... RESPONDENT.
                                  -----------

3. 07.02.2011 Heard the parties.

The appellant is aggrieved with the Judgment/order

dated 16.12.2008 passed in O.A. 000195 of 2004 passed by

Railway Claims Tribunal, Patna Bench.

The Tribunal held firstly that the appellant could not

have filed the claim petition and secondly, there was no proof

that the appellant’s husband was a bona fide passenger.

The learned counsel for the appellant submits that

on both the two counts, the Tribunal was wrong since as per

Section 125 of the Railway Act, the claim could be filed by any

dependent and the appellant being the wife of the deceased,

evidently was a defendant. Secondly, as per the final report

submitted in the matter by the Police on 25.9.2007, it is also

evident that a railway ticket from Patna to Hilsa was found on

the person of the deceased and, therefore, there is no doubt

that he was a bona fide passenger. If the same had not been

produced by the appellant, it could not be held against her since

the ticket evidently had been recovered by the Police and,

therefore, it would rightfully have been in possession of the
2

Police alone.

Considering the said submissions, the application is

allowed and the Judgment/order dated 16.12.2008 passed in

O.A. 000195 of 2004 by Railway Claims Tribunal, Patna Bench,

is set aside with the direction to the Railway Claims Tribunal to

decide the matter afresh and pass appropriate order within a

period of next nine months.

( Anjana Prakash, J.)
S.Ali