Sri Sita Ram Ray vs Union Of India
2021 Latest Caselaw 245 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 140 of 2013
                           ........

Sri Sita Ram Ray, S/O Late Mishri Ray .... ..... Appellant Versus Union of India, through the G. M., South Eastern Railway, Kolkata & Anr. .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Rahul Kumar Gupta, Advocate.

: Mr. Awish Anand, Advocate.

For the Respondent No.1 : Mr. Vijay Kumar Sinha, Advocate.

........

14/18.01.2021.

Heard, learned counsel for the appellant, Mr. Rahul Kumar Gupta assisted by learned counsel, Mr. Awish Anand.

Learned counsel for the appellant has submitted that claim application preferred by the claimant vide Case No. OA (IIU)/RNC/2011/0002 has been dismissed on 14.02.2013 passed by learned Member (Technical), Railway Claims Tribunal, Ranchi Bench on the ground that there is no material to establish that deceased, Shivdutt Kumar Roy was a bonafide passenger.

Learned counsel for the appellant has submitted that though no evidence has been brought on record with regard to having valid ticket, but admittedly the deceased, who was doing job of selling goods in the train fall from the train and this fact cannot be denied and as such, railway ought to have examined the document that whether the deceased was a monthly passenger or not? in view of the judgment passed by Apex Court in the case of Union of India Vs. Rina Devi reported in 2019 (3) SCC 572.

Learned counsel for the appellant has further submitted that learned Tribunal has only considered the issue no. 1 and negated the finding of issue no.1 and without considering the issue no.2 dismissed the claim application, as such, this Court may allow the same.

Learned counsel for the Respondent- Railway, Mr. Vijay Kumar Sinha has submitted that two things have to be established by the claimant. First that deceased or injured was a bonafide passenger and second incident comes under the definition of Section 123 (c) (2) of the Railways Act, 1989. Since in the first ground the claimant has failed to establish that

deceased, Shivdutt Kumar Roy was a bonafide passenger neither in the claim application nor in the evidence adduced by the applicant witnesses and as such, learned Tribunal has rightly dismissed the same. The principle laid down by the Apex Court in the case of Rina Devi (Supra) is not applicable in the present case.

After hearing learned counsel for the parties, perused the Lower Court Records and the evidence adduced by applicant witnesses, this Court is not inclined to grant any relief to the applicant, as applicant has failed to bring the case within the ambit of judgment passed by the Apex Court in the case of Rina Devi(Supra) as none of the witnesses have stated in their evidence that deceased has any monthly ticket or valid ticket and as such, this Court is also not inclined to allow this appeal, accordingly, the impugned judgment passed by learned Tribunal is hereby affirmed.

Accordingly, the instant Miscellaneous Appeal is dismissed. I.A. No.2458/2014 is closed.

Let the L.C.R. be sent down.

(Kailash Prasad Deo, J.) Jay/-