Nathuram Ahirwar vs Union Of India
2023 Latest Caselaw 21803 MP

Madhya Pradesh High Court

Nathuram Ahirwar 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
                                                MISC. APPEAL No. 3087 of 2016

                           BETWEEN:-
                           1.    NATHURAM AHIRWAR S/O LATE PRITHVI SINGH
                                 AHIRWAR, AGED ABOUT 50 YEARS, BUDANPURA
                                 POST AND TEH KHIMLASA, TEH KHURAI, SAGAR
                                 (MADHYA PRADESH)

                           2.    SMT. KAPURI BAI W/O NATHURAM AHIRWAR,
                                 AGED ABOUT 47 YEARS, BUDANPURA POST AND
                                 TEH KHIMLASA, TEH KHURAI, SAGAR (MADHYA
                                 PRADESH)

                                                                                       .....APPELLANTS
                           (BY SHRI M. SHAFIQULLAH - ADVOCATE)

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

                                                                                     .....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 the claimants being aggrieved of judgment dated 27.09.2016 passed by the Railway Claims Tribunal, Bhopal Bench, Bhopal in case No.OA/IIu/BPL/2010/0316 whereby learned Tribunal has dismissed the claim application of the claimants.

Appellants' contention is that in Annexure R-1 which is the Office Memo from the Office of Assistant Safety Commissioner, Railway Protection Force,

Jhansi signed by Senior Divisional Safety Commissioner, Railway Protection Force, Jhansi and Additional Divisional Railway Manager, Jhansi, it is evident that railway administration has admitted fall from a moving train causing death of deceased Kunwar Singh Ahirwar.

Thus, it is submitted that this case is squarely covered with the judgment of Coordinate Bench of this High Court in Hariram Vs. Union of India, 2015(1) MPHT 111.

Shri Devesh Bhojne, learned counsel for the respondent opposes the prayer.

It is evident from Annexure R-1 filed by the Railway Authorities that there

is an admission of passenger falling from a moving train. Therefore, onus was on the authorities to have proved that whether he was traveling with a proper authorization or not and, therefore, in the light of the judgment of Coordinate Bench in Hariram (supra), appellants case being squarely covered, impugned judgment is set aside. Appeal is allowed. Respondent is directed to make payment as per the admissible limits as was operating on the date of the accident along with accrued interest @6% from the date of filing of the claim petition till the date of actual payment. Other terms and conditions of the impugned award shall remain intact.

In above terms, this appeal is allowed and disposed of. Record of the tribunal be sent back.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Tabish