Smt. Ganga Khan vs Union Of India
2023 Latest Caselaw 21859 MP

Madhya Pradesh High Court

Smt. Ganga Khan 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. 1355 of 2017

                           BETWEEN:-
                           1.     SMT. GANGA KHAN W/O LATE ANWAR KHAN,
                                  AGED ABOUT 22 YEARS, R/O SHASTRI COLONY
                                  THANA-CITY KOTWALI (MADHYA PRADESH)

                           2.     BABY AFSANA D/O LATE SHRI ANWAR KHAN
                                  OCCUPATION: MINOR R/O SHASTRI COLONY
                                  THANA-CITY KOTWALI (MADHYA PRADESH)

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

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

                                                                                            .....RESPONDENT
                           (BY SHRI RAKESH KUMAR JAIN - ADVOCATE)

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

This appeal under Section 23 of the Railway Claims Tribunal Act, 1987, is filed by the claimants, being aggrieved of the judgment dated 20.02.2017, passed in O.A.No.IIu/BPL/2013/0168, whereby, learned Railway Claims Tribunal, has rejected the claim filed on behalf of claimants.

2. Brief facts of the case are that on 03.10.2012, deceased Anwar Khan was travelling by Train No.12141 D. Lokmanya Tilak terminus-Patna (Rajendra Nagar)Express from Jabalpur to Satna holding a valid II Class super fast

journey ticket. He had fallen down from train near Jhukehi station and suffered grievous injuries. He was pickled up in 12321 Up Bombay Howrah Mail to take him to Katni for treatment to the injuries. Later on, he was shifted to Medical College Jabalpur on 04.10.2012, where he died on 20.10.2012 while undergoing treatment.

3. Appellants' contention is that it has come in the evidence of wife of the deceased Smt. Ganga Khan that deceased had taken a sum of Rs.1,000/- from his friend at Jabalpur to purchase the ticket and, therefore, when there is a presumption of purchase of ticket, then mere loss of ticket is not sufficient to deny compensation in favour of claimants.

4. Shri Rakesh Kumar Jain, learned counsel supports impugned judgment.

5. After hearing learned counsel for the parties and going through the record, Court statements of Smt. Ganga Khan are available as Annx.R/10. In her Court statement, she has not said anything about borrowing money from his friend or buying a ticket. Statement as relied on by the appellants' counsel Annx.A/7, is a statement given to the GRP. Their statements can be used only for contradiction and omission and is not a substantive piece of evidence to be relied upon. Nothing prevented the claimant to adduce evidence that somebody had seen her husband purchasing a valid railway ticket.

6. In absence of any ticket recovered from the body of deceased, impugned judgment cannot be faulted with as the onus was on the claimants to have discharged the burden that deceased had purchased a valid railway ticket for his journey from Jabalpur to Satna.

7. Accordingly, appeal fails and is dismissed.

8. Record of Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE A.Praj.