Shri Ramnath Rajbhar vs Union Of India
2023 Latest Caselaw 21802 MP

Madhya Pradesh High Court

Shri Ramnath Rajbhar vs Union Of India on 19 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                            1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 19 th OF DECEMBER, 2023
                                        MISCELLANEOUS APPEAL No. 3377 of 2017

                           BETWEEN:-
                           SHRI RAMNATH RAJBHAR (DEAD) THROUGH LEGAL
                           REPRESENTATIVES :-

                           (1) RAKESH RAJBHAR S/O LATE SHRI RAMNATH
                           RAJBHAR, AGED ABOUT 37 YEARS.

                           (2) AARJUN RAJBHAR S/O LATE SHRI RAMNATH
                           RAJBHAR, AGED ABOUT 37 YEARS.

                           BOTH R/O VILLAGE GAIGHAT MASZID TOLA, POLICE
                           STATION REWATI, DISTRICT BALIA (UTTAR PRADESH)

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

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

                                                                                       .....RESPONDENT
                           (BY SHRI DEVESH BHOJNE - ADVOCATE)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

This miscellaneous appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is filed by the claimants being aggrieved of the judgment dated 11.10.2017 passed by the learned Railway Claims Tribunal, Bhopal Bench, Bhopal in case No.OA/IIu/BPL/2013/0223 on a ground that deceased was having a valid ticket but claim has been dismissed only on the ground that

cause of death in the postmortem report is mentioned as septicemia.

2. It is submitted by Smt. Aparna Singh, learned counsel for the claimants that statements of the deceased Ramesh Kumar Rajbhar are available on record. Accident took place on 07.07.2012 when deceased was travelling in a train with ticket No.G-32952057 from Balia to Lokmanya Tilak Terminus. He had fallen down from the train due to push. Deceased Ramesh Kumar Rajbhar sustained injuries in the said accident and died on 09.07.2012.

3. It is submitted that septicemia was cause of the injuries which were sustained by the deceased. As there is a causal relationship between the injuries and cause of death, claim could not have been denied because the septicemia

was on account of the injuries caused to the deceased as are noted in postmortem report (Ex.A-6). Thus, in view of said facts and circumstances, learned Tribunal has failed to appreciate the facts of the matter in the correct perspective and has arbitrarily rejected the claim filed on behalf of the claimants on account of death of deceased Ramesh Kumar Rajbhar.

4. In view causal connection between the injuries sustained by deceased Ramesh Kumar Rajbhar and cause of death, impugned judgment dated 11.10.2017 passed by the learned Railway Claims Tribunal, Bhopal Bench, Bhopal is hereby set aside. Appeal is allowed.

5. Let necessary payment be made in favour of the claimants along with 6% interest from the date of the judgment till the date of actual payment.

6. In above terms, this miscellaneous appeal is allowed and disposed of.

(VIVEK AGARWAL) JUDGE pp