Smt. Satyavati vs Union Of India
2022 Latest Caselaw 17052 MP

                                                                      1
                                        IN    THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        ON THE 21 st OF DECEMBER, 2022
                                                           MISC. APPEAL No. 587 of 2017

                                       BETWEEN:-
                                       1.    SMT. SATYAVATI W/O LATE SHRI SANJAY
                                             SHUKLA, AGED ABOUT 30 YEARS, CHOPRA
                                             MOHALLA    SIHORA  JABALPUR (MADHYA
                                             PRADESH)

                                       2.    PRASHANT KUMAR S/O LATE SANJAY SHUKLA,
                                             AGED ABOUT 13 YEARS, CHOPRA MOHALLA
                                             SIHORA JABALPUR (MADHYA PRADESH)

                                       3.    KU YOGITA D/O LATE SANJAY SHUKLA, AGED
                                             ABOUT 11 YEARS, CHOPRA MOHALLA SIHORA
                                             JABALPUR (MADHYA PRADESH)

                                       4.    RAJIV LOCHAN S/O LATE RAMKUMAR SHUKLA,
                                             AGED ABOUT 60 YEARS, GRAM KUNWA THANA
                                             TAH BEOHARI (MADHYA PRADESH)

                                       5.    SMT RUKMANI W/O RAJIV LOCHAN SHUKLA,
                                             AGED ABOUT 55 YEARS, GRAM KUNWA THANA
                                             TAH BEOHARI (MADHYA PRADESH)

                                                                                               .....APPELLANTS
                                       (BY SMT. APARNA SINGH - ADVOCATE)

                                       AND
                                       UNION OF INDIA THR. GENERAL MANAGER WEST
                                       CENTRAL RAILWAY JABALPUR (MADHYA PRADESH)

                                                                                               .....RESPONDENT

(BY SHRI HARSHWARDHAN SINGH RAJPUT - ADVOCATE)

This appeal coming on for admission this day, th e court passed the Signature Not Verified

following:

  SAN




Digitally signed by VAIBHAV YEOLEKAR
Date: 2022.12.22 14:28:24 IST                                          ORDER

This appeal is filed by the claimants being aggrieved of judgment dated 02/12/2016 passed by the Railway Claims Tribunal, Bhopal Bench in case no. O.A./IIu/2012/0204 on the ground that the Tribunal has arbitrarily rejected the claim petition despite discovery of railway ticket from the person of the deceased for travel between Katni to Rewa as is mentioned in Annexure A-3 showing that ticket was purchased for journey from Katni to Rewa dated 23/02/2012 at 02:41 hours bearing no. 910320029.

It is submitted that once, there was a onward journey ticket, then presumption will be that return journey was on a ticket and, therefore, the Claims Tribunal should have considered the deceased to be a bonafide

passenger.

Shri Rakesh Kumar Jain, learned counsel for the Union of India in his turn submits that a return railway ticket is not available. As per the statements of the claimants, return journey was completed in two stretches, one between Rewa to Katni and then from Katni to Sihora where dead body was found at Sihora. It is submitted that no return ticket was discovered from the body or person of the deceased.

There is no averment that any person had seen him purchasing the ticket or boarding the train with appropriate boarding ticket. Therefore, in the absence of any discharge of burden by the claimants in the light of the law laid down by the Supreme Court in Union of India Vs. Rina Devi AIR 2018 SC 2362, the petitioner was rightly been considered to be a bonafide passenger.

After hearing learned counsel for the parties and going through the

Signature Not Verified SAN record, it is evident that the ticket which was recovered from the person of the

Digitally signed by VAIBHAV YEOLEKAR deceased was journey between Katni to Rewa. There is no ticket to show his Date: 2022.12.22 14:28:24 IST

return journey.

In view of such facts when initially burden was not discharged by the claimants as to which person had seen him at Rewa or at Katni and had seen him purchasing the ticket, the Tribunal considered the deceased not to be a bonafide passenger cannot be faulted with.

Accordingly, the appeal fails and is dismissed. Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2022.12.22 14:28:24 IST