Madhya Pradesh High Court
Smt. Rekha Kol vs Union Of India on 20 December, 2022
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 20 th OF DECEMBER, 2022
MISC. APPEAL No. 3205 of 2021
BETWEEN:-
1. SMT. REKHA KOL W/O LATE SHRI BUDDHA KOL
R/O VILL. CHANDWAR, DISTT. UMARIYA
(MADHYA PRADESH)
2. NAINA D/O LATE BUDDHA KOL, MINOR
THROUGH NATURAL GUARDIAN MOTHER
SMT.REKHA KOL, RESIDENT OF VILLAGE
CHANDWAR DISTT. UMARIYA (MADHYA
PRADESH)
3. RAJ KOL S/O LATE BUDDHA KOL MINOR
THROUGH NATURAL GUARDIAN MOTHER
SMT.REKHA KOL, RESIDENT OF VILLAGE
CHANDWAR DISTT. UMARIYA (MADHYA
PRADESH)
4. KAJAL D/O LATE BUDDHA KOL MINOR
THROUGH NATURAL GUARDIAN MOTHER
SMT.REKHA KOL, RESIDENT OF VILLAGE
CHANDWAR DISTT. UMARIYA (MADHYA
PRADESH)
5. SHRIVAM S/O LATE BUDDHA KOL MINOR
THROUGH NATURAL GUARDIAN MOTHER
SMT.REKHA KOL, RESIDENT OF VILLAGE
CHANDWAR DISTT. UMARIYA (MADHYA
PRADESH)
6. SMT.SUSHILA KOL W/O LATE SATAIYA KOL,
RESIDENT OFVILLAGE CHANDWAR
DISTT.UMARIA (MADHYA PRADESH)
....APPELLANTS
(BY MS. APARNA SINGH - ADVOCATE)
Signature Not Verified
SAN
AND
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.12.20 19:25:26 IST
UNION OF INDIA THR. GENERAL MANAGER SOUTH
2
EAST CENTRAL RAILWAY (CHHATTISGARH)
.....RESPONDENTS
(BY SHRI DEVESH BHOJNE - ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This appeal is filed by appellants under Section 23 of the Railway Claims
Tribunal Act, 1987, being aggrieved of judgment dated 01.11.2021, passed by
learned Railway Claims Tribunal, Bhopal Bench in O.A./IIu/BPL/172/2019,
whereby learned Tribunal headed by a Technical Member, has dismissed the
Claim on a hyper technical approach that journey ticket could not be produced
by the claimants on the strength of which deceased was travelling in the said
train, namely, Bhopal-Bilaspur Passenger Train, which he had boarded at
Ganjbasoda.
2. Law in this regard is well settled as held in Jaswant Vs. Deen Dayal
[2011(3) MPHT 422], so also recently by Supreme Court in Union of India
Vs. Rina Devi [(2019) 3 SCC 572], has held that production of ticket is not
sufficient. Mere absence of ticket with such injured or deceased will not
negative the claim that he was a bonafide passenger. Initial burden will be on
the claimant which can be discharged by filing an affidavit of the relevant facts
and burden will then shift on the railways and the issue can be decided on the
facts shown on the attending circumstances.
3. In the present case, deceased wife Rekha Kol, has been examined before
the learned Claims Tribunal. In her evidence, she has categorically mentioned
Signature Not Verified
SAN
that on 21.09.2019, she, her husband Buddha Kol along with children had
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.12.20 19:25:26 IST
purchased a ticket for journey from Ganjbasoda to Umariya by 18236 UP
Bhopal-Bilaspur Passenger, when Shri Buddha Kol had fallen down from a
moving train between Vilayatkala and Chandiya Railway Station, when he was
admitted with the help of railway personnel at Badwara Primary Health Center
and from there to Katni. There is no suggestion that ticket was not purchased
by the deceased, whereas, the ground on which learned Tribunal has rejected
the Claim Petition is that claimants could not prove that at the time of the
accident, deceased was a bonafide passenger.
4. When cross-examination of Rekha Kol is seen, then it is evident that there is
no cross-examination by the learned counsel for the Indian Railways to the
effect that her husband had not purchased any travel ticket and they were
travelling without ticket. Thus, in absence of any cross-examination, when
Rekha Kol filed an affidavit and proved the aspect of purchasing a ticket and
thus being a bonafide passenger, then the onus in terms of the judgment
rendered by Supreme Court in Union of India Vs. Rina Devi (supra), shifted
on the Railway Authorities which they were required to discharge, but they have
not discharged, therefore, the impugned judgment cannot be sustained in the
eye of law.
5. Accordingly, impugned judgment is set aside. It is directed that claimants
will be paid a sum of Rs.8,00,000/- (Rupees Eight Lacs) along with 6% interest
from the date of filing of the Claim Petition till the date of actual payment, by
the Railway Administration, which they shall do within two months from the
date of receipt of certified copy of the order being passed today.
6. Let record of Railway Claims Tribunal be sent back.
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.12.20 19:25:26 IST
(VIVEK AGARWAL)
JUDGE
A.Praj.
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2022.12.20 19:25:26 IST
