Jharkhand High Court
Mila Devi & Ors vs Union Of India Through The General ... on 1 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 385 of 2019
Mila Devi & Ors. ..... ... Appellants
Versus
Union of India through the General Manager, Eastern Railway, P.O. + P.S.- Garden
Reach, District- Kolkata .... .... Respondent
.......
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellants : Ms. C.C. Sinha, Advocate.
For the Respondent : Mr. Gautam Rakesh, Advocate
..........
04/01.02.2021.
Heard, learned counsel for the parties.
Learned counsel for the appellants has submitted that instant appeal has been
preferred by the claimants namely, Mila Devi, Poonam Kumari, Rahul Kumar, Jit
Kumar and Budhani Rabidas as their claim application has been dismissed vide
judgment dated 13.02.2019 passed by Member/Technical, Railway Claims Tribunal,
Ranchi Bench, Ranchi in Case No.OA(IIU)/RNC/85/2018.
Learned counsel for the appellants has submitted that husband of Mila Devi,
namely, Raju Ravidas had left his house on 02.10.2017 for go to Kolkata from
Madhupur by Muzaffarpur-Sealdah Passenger, but she had no contact with her
husband. On 03.10.2017 she got information about the dead-body of her husband.
Thereafter, Santosh Ravidas filed an FIR, who is brother of the deceased, alleging
therein that while going to Kolkata, where the deceased was working, his brother,
Raju Ravidas fell down from the train between Vidyasagar and Kashitar railway
station at kilometer no.268/10-12 and thereafter he got information that dead-body
of his brother was lying and from the pocket of the dead-body I-card and passport
size colour photograph of wife and husband and mobile number of house were
recovered.
Learned counsel for the appellants has further submitted that Mila Devi has
been examined as A.W.1 and she has categorically stated at pars 4, 5, 6, and 7 of her
evidence that her husband left house on 02.10.2012 after purchasing the journey
ticket and informed her that he is going by Muzaffarpur-Sealdah Passenger from
Madhupur railway station. She received a phone call from Vidyasagar railway staff
and came to know about the accident.
Learned counsel for the appellants has further submitted that Binod Ravidas,
a unknown person, has been examined as A.W.-2 and he has supported the case with
regard to the untoward incident.
Learned counsel for the appellants has thus, submitted that in view of the
judgment passed by the Hon'ble Apex Court in the case of Union of India vs.
Rina Devi, reported in (2019) 3 SCC 572, the deceased was a bona-fide passenger,
as defined under Section 2(29) of the Railways Act, 1989 and he died in an
untoward incident, as defined under Section 123(c)(2) of the Railways Act, 1989,
as such the impugned judgment of dismissal of the claim application is fit to be
set aside.
Learned counsel for the appellants has further submitted that there is delay of
50 days in preferring the appeal and for condonation of the same, I.A. No. 8346 of
2019 has been preferred.
Learned counsel for the respondent-Railway has submitted that LCR is
necessary as the learned Tribunal has passed the reasoned order based on the
materials available on record, as such, the impugned judgment may not be set aside
and LCR may be called for.
Considering the rival submissions of the parties, looking into the facts and
circumstances, call for the LCR from the court of Member/Technical, Railway
Claims Tribunal, Ranchi Bench, Ranchi in connection with case no.
OA(IIU)/RNC/85/2018.
In the meantime, learned counsel for the respondent-Railway is directed to
file counter-affidavit in both i.e. in limitation matter as well as in memo of appeal.
Put up this case after four weeks.
( Kailash Prasad Deo, J.)
R.S-
