Smt. Golaidi Ahirwar vs Union Of India
2023 Latest Caselaw 15466 MP

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 20 th OF SEPTEMBER, 2023
                                               MISC. APPEAL No. 273 of 2022

                           BETWEEN:-
                           1.    SMT. GOLAIDI AHIRWAR W/O SHRI ASHOK
                                 AHIRWAR D/O LATE SHRI SURESH CHOUDHARY,
                                 AGED ABOUT 36 YEARS, OCCUPATION: NIL
                                 VILLAGE BELIYA CHHOT PS BIJURI DISTRICT
                                 ANUNPPUR (MADHYA PRADESH)

                           2.    SMT. LALITA AHIRWAR W/O SHRI SHIVNATH
                                 AHIRWAR D/O LATE SHRI SURESH CHOUDHARY,
                                 AGED ABOUT 32 YEARS, OCCUPATION: NIL R/O
                                 VILLAGE BELIYA CHHOT P.S. BIJURI DISTRICT
                                 ANNUPPUR M.P. (MADHYA PRADESH)

                           3.    SMT. KIRAN CHOUDHARY W/O SHRI LALIT
                                 CHOUDHARY     D/O   LATE   SHRI    SURESH
                                 CHOUDHARY,    AGED    ABOUT   36    YEARS,
                                 OCCUPATION: NIL R/O VILLAGE LATAR
                                 P.S.KOTMA DISTRICT ANNUPPUR M.P. (MADHYA
                                 PRADESH)

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

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

                                                                                     .....RESPONDENTS
                           (BY SHRI HARSHWARDHAN SINGH RAJPUT - ADVOCATE FOR UNION OF
                           INDIA)

                                 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 Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 21-09-2023 10:59:02

20th December, 2018 passed by the learned Railway Claims Tribunal, Bhopal Bench, Bhopal in Case No.OA/IIu/BPL/081/2017 whereby learned Claims Tribunal has dismissed the claim treating the deceased to be not a bonafide passenger.

Learned counsel for the appellants submits that statements of Shivnath Ahirwar were recorded before the authorities and Shivnath Ahirwar clearly deposed that he had purchased railway ticket.

Reading from the statements of Shivnath Ahirwar s/o Naresh Ahirwar, it is pointed out that he categorically stated that he had purchased the ticket, paid Rs.500/- note and had received Rs.385/- being the difference of the amount.

When these statements of Shivnath son-in-law of the deceased are taken into consideration, then as per the DRM report and the enquiry which was conducted by them, in para 9, it is mentioned that as per the information received from Anuppur Booking Office, ticket which was issued from Anuppur to Jabalpur, fair was received to the tune of Rs.105/- which is contrary to the fair mentioned by Shri Shivnath for purchase of the said ticket. Besides this, it has come on record that Shivnath Ahirwar, his wife Smt. Lalita Ahirwar and son Yogendra Ahirwar had got down at Sihora station whereas his mother-in-law could not deboard the train and while trying to deboard the train, train started moving causing grievous injuries to her, resulting in her death.

It is mentioned that bag in which ticket was contained was left inside the train with the old lady, this again is ambiguous, when ticket was purchased by Shivnath Ahirwar, he, his wife and son had got down from the train at Sihora sstation, then if ticket was purchased and they were bonafide passengers, then ticket should have been submitted by Shivnath from his custody. Secondly, the

Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 21-09-2023 10:59:02

statement of the booking clerk that he had collected only Rs.105/- for a ticket from Anuppur to Jabalpur and not Rs.115/- could not be explained by Shivnath Ahirwar.

Thus, non recovery of ticket when three co-passengers were travelling along with the deceased and one of them Shivnath Ahirwar admitted that he had purchased the ticket is a sufficient circumstance to disbelieve other evidence of the claimants that deceased was a bonafide passenger.

There is no illegality in the impugned judgment calling for interference. Appeal fails and is hereby dismissed.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 21-09-2023 10:59:02