Union Of India vs Smt. Ramkali
2023 Latest Caselaw 9090 MP

                                                                        1
                                        IN     THE      HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                              ON THE 19 th OF JUNE, 2023
                                                            MISC. APPEAL No. 1822 of 2016

                                       BETWEEN:-
                                       UNION OF INDIA THROUGH ITS GENERAL MANGER
                                       WESTERN CENTRAL RAILWAY (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                       (BY SHRI SANDEEP KUMAR SHUKLA - ADVOCATE FOR THE APPELLANT)

                                       AND
                                       1.    SMT. RAMKALI D/O SHRI LATE KARODILAL
                                             S A H U VILL. BARODIYA, NONAGARM KHURAI,
                                             SAGAR (MADHYA PRADESH)

                                       2.    HARIRAM SAHU S/O LATE KARODILAL SAHU R/O
                                             VILLAGE AND POST BARODIYA, NONAGAR, P.S.
                                             AND TEH-KHURAI (MADHYA PRADESH)

                                       3.    KUNDANLAL SAHU S/O LATE KARODILAL SAHU
                                             R/O VILLAGE AND POST BARODIYA, NONAGAR,
                                             P.S. AND TEH-KHURAI (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                       (BY SHRI SHAFIQULLAH - ADVOCATE FOR THE CLAIMANTS)

                                             T h is appeal coming on for order this day, t h e cou rt passed the
                                       following:
                                                                        ORDER

This appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 being aggrieved of judgment dated 04.03.2016 passed in Claim Case No.OA-IIu/BPL/2009/0291 by Railway Claims Tribunal, Bhopal Bench, Bhopal Signature Not Verified SAN

on the ground that the finding recorded by the Tribunal that deceased was a Digitally signed by MOHD TABISH KHAN Date: 2023.06.20 19:23:23 IST bonafide passenger is cryptic.

It is submitted that it will be evident from the evidence of claimant witness No.2 that he had not seen the deceased purchasing a ticket for travel and, therefore, the finding of a bonafide passenger is perverse and contrary to record, therefore, impugned judgment deserves to be set aside.

I have perused the evidence of the witness Mangal Prasad Sahu, his evidence that he had seen the deceased Karodilal Sahu purchasing a ticket on the fateful day i.e. 28.03.2008 has remained largely unrebutted, therefore, in view of the fact that when findings of the learned Tribunal are examined, they cannot be faulted with. There is no substance in the appeal, appeal fails and is hereby dismissed.

Record of the Tribunal be sent back immediately.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.06.20 19:23:23 IST