Bombay High Court
Smt. Mamtarani vs Union Of India on 15 May, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 431 OF 2005
1] Smt. Mamtarani wd/o Shyamrao Shende,
aged 41 years, Occ. Housewife,
2] Mast. Gajanan s/o Shyamrao Shende,
aged 7 years, Occ. Student,
3] Mast. Shankar s/o Shyamrao Shende,
aged 4 years, Occ. Student.
The appellant Nos. 2 and 3 are represented
through their natural guardian mother i.e.
appellant No.1.
All R/o. Hiwara Talav, Umrer, Distt. Nagpur...... APPELLANTS
...VERSUS...
1. Union of India, through General Manager,
South Railwlay, Kolkata,
2. General Manager, South Eastern Central
Railway, Bilaspur............ RESPONDENTS
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Shri N.B.Bargat, counsel for appellant
Shri N.P.Lambat, counsel for Respondent nos. 1 and 2
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CORAM: R. K. DESHPANDE, J.
th
DATE : 15 MAY, 2017 .
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ORAL JUDGMENT
1] The Railway Claims Tribunal at Nagpur has
rejected Claim Application No. 76/OA-II/RCT/NGP/2003, filed
by the appellants for compensation on account of death of
one Shri Shyamrao Shende, the husband of appellant No.1,
in an untoward incident as defined under Section 123 (c) of
the Railways Act, 1989.
2] The Railway Claims Tribunal has recorded the
finding that the case of the appellants-claimants was that the
deceased Shyamrao was travelling from Nagbhid to Nagpur
on 15.07.2002 in Train No. 4 NAB, but Ticket No. 02391
found on the person of the deceased Shyamrao was from
Mahule to Kempalsad. It is held that the claimants have
failed to establish that the deceased was a bonafide
passenger travelling from Nagbhid to Nagpur in such a train
on 15.07.2002.
3] The point for determination is as under :
Whether it is established that the deceased
Shyamrao was bonafide passenger
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travelling in Train No. 4 NAB from Nagbhid
to Nagpur on 15.07.2002, died in an
untoward incident?
4] It is not in dispute that Mahule and Kempalsad
are the places on the railway route from Nagbhid to Nagpur.
It is also not in dispute that spot panchnama was prepared,
which clearly indicate that the body of the deceased
Shyamrao was found lying on the said track at Mahule, near
Boogie No.755. Inquest Panchnama and Spot Panchnama
are the documents which are placed on record. Guard of the
said train reported the matter and in the Panchnama, it is
observed as under;
"On his body we found Khaki colour full slieve shirt and after
search we found in his pocket one Railway Ticket, Ticket No.
02391 from Mahule to Kempalsad. We found on his body one
dirty underwear and dirty chocklet colour full pant but we do not
found anything from his pant. From the dead body, Police
collected one ring from his finger with read diamond (Mani) and
one yellow colour metal locket and black colour plastic sandal in
their custody for protection. Police did not find any money or
ornaments near his body" .
5] Once panchnama is produced on record and its
veracity is not in dispute, untoward incident occurred on
15.07.2002 stands established in the absence of any other
stand and mere denial of the said incident in written
statement would not be sufficient to defeat the claim.
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6] Admittedly, there is no eye witness. The
claimant, widow of the deceased, has entered the witness
box. She was not accompanying the deceased at the time of
accident. Once the fact that the deceased boarded the train
at Mahule on the basis of the ticket found on the person of
the deceased is established, his travel on Nagbhid-Nagpur
railway route is established. This is how her version has to
be construed. The tribunal has, therefore, committed an
error in holding that the claimants have failed to establish that
the deceased died in an untoward incident. The evidence
on record clearly establish that the deceased had died in an
untoward incident on 15.07.2002 and he was a bonafide
passenger travelling in a Train No. 4 NAB. The claim
petition, therefore, needs to be allowed.
7] In the result, first appeal is allowed. The
judgment and order dated 0.01.2004 passed by the Railway
Claims Tribunal, Nagpur, in Claim Application No. 76/OA-II/
RCT/NGP/2003 is hereby quashed and set aside. The Claim
Application No. 76/OA-II/ RCT/NGP/2003 is hereby allowed.
The appellants are entitled to compensation of Rs.4,00,000/-
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for the death of the deceased Shyamrao, alongwith interest
at the rate of 6% per annum from the date of filing of an
application till its realization. The amount is directed to be
paid within a period of two months from today.
JUDGE
Rvjalit
