Smt Cheni Devi And Ors vs Union Of India And Ors
2021 Latest Caselaw 7646 Raj/2

                                        (1 of 2)                  [CMA-3152/2009]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No.3152/2009

1. Smt. Cheni Devi wife of Late Sh. Radhey Shyam,
2. Miss Lila Paliwal daughter of Late Sh. Radhey Shyam, aged
about 16 years.
3. Miss Lalita Paliwal daughter of Late Sh. Radhey Shyam, aged
about 13 years.
Applicant No.2 and 3 being minor through their natural Guardian
and Mother Smt. Cheni Devi wife of Late Sh. Radhey Shyam.
All residents of Village BAP, Police Station-BAP, District Jodhpur
(Rajasthan).
                                                                  ----Appellant
                                   Versus
Union Of India through the General Manager, Western Railway,
Church Gate, Mumbai
                                                                ----Respondent

For Appellant(s) : Mr. Ajay Shukla with Mr. Arpit Baheti For Respondent(s) : Mr. P.C. Sharma

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

15/12/2021

1. This is an appeal filed by the claimants against the judgment

dated 02.08.2007 passed by the Railway Claims Tribunal, Jaipur

Bench whereby claim filed by the appellants was rejected solely on

the ground that the deceased passenger alighted from the train at

Gandhi Nagar Railway Station while he had ticket upto Jaipur

Railway Station. On the said premise that the deceased alighted at

Gandhi Nagar Railway Station, he cannot be said to be a bona fide

passenger and the claim has been rejected.

(2 of 2) [CMA-3152/2009]

2. I have considered the submissions and perused the record

and also thoughtfully considered the arguments raised by the

counsel for the respondent-Railways.

3. It is an admitted position that railway ticket was possessed

by the deceased of second class for travelling upto Jaipur. The

deceased passenger alighted at Gandhi Nagar Railway Station and

Gandhi Nagar Railway Station is a part of Jaipur Railway Station

and for all intents and purposes, it cannot be said that alighting at

Gandhi Nagar Railway Station would result in the deceased being

ousted from being a bona fide passenger of the train. He cannot

be said to be passenger without railway ticket.

4. In view thereof, the conclusion drawn for rejecting the claim

petition by the Railway Claims Tribunal is found to be wholly

erroneous and the judgment dated 02.08.2007 is accordingly set

aside and the matter is remanded back to the Railway Claims

Tribunal to decide afresh the claim expeditiously within a period of

three months.

5. With the said observations, the civil misc. appeal is

accordingly allowed.

(SANJEEV PRAKASH SHARMA),J

Karan/65

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