Madhya Pradesh High Court
Smt. Kshama Bai vs Union Of India on 15 January, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:1646
1 MA-4236-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 15th OF JANUARY, 2025
MISC. APPEAL No. 4236 of 2019
SMT. KSHAMA BAI AND OTHERS
Versus
UNION OF INDIA
Appearance:
Shri L.N. Sakle - Advocate for the appellants.
Shri S.K. Mishra - Advocate for respondent.
JUDGMENT
This appeal has been filed under Section 23 of the Railways Claims
Tribunal Act 1987 (for brevity "1987 Act") being aggrieved by the
judgment dated 13.06.2019 passed by learned Railways Claims Tribunal
Bhopal Bench (for short "Claims Tribunal") in Claim Case
No.OA/IIu/BPL/2013/0476 in the matter of Smt. Kshma Bai Vs. Union of
India whereby learned Claims tribunal dismissed the application basically on
the ground that application under Section 16 of the 1987 Act filed by the
claimant for compensation on the strength that pleadings and evidence of
untoward Railways accident is not proved.
2. Perused the record of the Railway Tribunal. This Court is of the
view that this case should be remanded back to the concerned Railway
Tribunal for giving an opportunity to the claimants to amend their pleadings,
give further opportunity to lead evidence and thereafter pass a reasonable
order again. The reasons for remand are given below:-
3. Learned Railway Claims Tribunal in their order in sub Para 5.1 has
mentioned that the applicants filed an application dated 26.9.2016 seeking
permission to amend the journey particulars mentioned in Para-6 i.e. from
NEUTRAL CITATION NO. 2025:MPHC-JBP:1646
2 MA-4236-2019
Channera to Khandwa to read as Khirkiya to Bhusawal at the time of
recording of the evidence of AW-1. The place of incident was between
Talvadiya and Surgaonbanjari Stations which are located prior to Khandwa.
Thus, the challenge in the boarding Station Channera and the destination
Station Khandwa prayed for has no adverse affect on the facts of the case. In
the case, the place of incident is beyond Khandwa or prior to Channera, the
amendment sought attracts ill intention and it would affect the very basic
facts of the case. In view of the above the application for amendment to the
effect stands allowed.
4. It is seen that in the original file no such amendment has been
carried out and pleadings are same. If the amendment was allowed, it was the
duty of learned Railway Claims Tribunal to get the record corrected.
Therefore, there is error in the proceedings, which goes to the root of the
case as in the first page of the order learned Tribunal has mentioned that it is
the case of the applicant that on 27.8.2015 the deceased was travelling from
Channera to Khandwa and fell down due to pressure of the co- passengers
from behind at Km588/16-18 between Talvadiya and Surgaon Banjari
Stations and died of injuries on the spot. Therefore, by not first allowing and
incorporating the amendment in the application and without incorporation of
amendment the case was decided. Therefore, at two different places two
different sets of stories regarding the travel has been mentioned. Infact while
narrating the case of the applicant, it could have been mentioned in the same
paras that the amendment was allowed and incorporated on such and such
date. No such order is available on record. Therefore, after perusal of the
record, this court is of the considered view that mistake of the court or the
tribunal should prejudice none. Therefore, without further going into the
merits of the case, the judgment dated 13.6.2019 is hereby set aside and the
case is remanded back the concerned tribunal.
5. Learned Tribunal is directed to permit the applicants to incorporate
the amendment, give an opportunity to both the parties to lead further
evidence if required as per law and thereafter after hearing both the parties as
per law decide the claim application again.
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6. Accordingly, the case is disposed of.
(AVANINDRA KUMAR SINGH)
JUDGE
bks
