Shri Gorelal Singh vs Union Of India
2023 Latest Caselaw 2734 MP

                                                                          1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 14 th OF FEBRUARY, 2023
                                                     MISCELLANEOUS APPEAL No. 2121 of 2017

                                       BETWEEN:-
                                       SHRI GORELAL SINGH S/O VANSHDHARI SINGH GOND,
                                       R / O VILLAGE BADBAHARA (KATHATIHAR) POLICE
                                       STATION    MANENDRAGARH,    DISTRICT   KORIYA
                                       (CHHATTISGARH)

                                                                                                        .....APPELLANT
                                       (BY MS. ARPANA SINGH - ADVOCATE)

                                       AND
                                       UNION OF INDIA THROUGH ITS GENERAL MANAGER
                                       SOUTH EAST CENTRAL RAILWAY (CHHATTISGARH)

                                                                                                      .....RESPONDENT
                                       (BY SHRI HARSHWARDHAN SINGH RAJPUT - 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 appellant being aggrieved of award dated 29.06.2017 passed by the Division Bench of learned Railway Claims Tribunal, Bhopal Bench, Bhopal in claim case No.OA-IIu/BPL/2012/0448, rejecting the claim petition filed on behalf of appellant Gorelal Singh doubting the credentials of the deceased to be a bonafide passenger on the basis of the evidence of his

Signature Not Verified cousin brother Sanjay Singh, who deposed that he was travelling with the SAN

Digitally signed by PUSHPENDRA PATEL deceased and at Anuppur he discovered that his brother was not in the train. Date: 2023.02.14 19:33:39 IST

Shri Sanjay Singh has given contrary statements at two places. At one

place he submits that he had received information at Anuppur railway station that his brother Sunil had died at Kotma railway station due to fall from the train, whereas in his statement given during DRM enquiry, this witness has deposed that when train reached Anuppur, he could not find his brother Sunil and then he returned back by another train to Kotma, where he got information that one fellow met with a rail accident then he had gone and seen the dead body which was that of his brother Sunil. He had given intimation to his uncle Gorelal but he has not produced any document in regard to his travel by the train upto Anuppur or from Anuppur to Kotma to substantiate that he was a co- passenger.

Thus, there is no evidence on record to show that deceased was a bonafide passenger travelling in the train on a valid ticket and in absence of any documentary evidence, judgment of the learned Tribunal rejecting the claim petition on the basis of the available documentary evidence, cannot be said to illegal or arbitrary, calling for interference.

In view of above, appeal fails and is dismissed.

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified SAN

Digitally signed by PUSHPENDRA PATEL Date: 2023.02.14 19:33:39 IST