Rajasthan High Court
Union Of India vs Smt. Pinki W/O Late Shri Chenaram on 17 November, 2021
Bench: Sanjeev Prakash Sharma
(1 of 3) [CMA-614/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.614/2020
Union Of India, Through The General Manager, North Western
Railway, Jaipur. (Rajasthan)
----Appellant
Versus
1. Smt. Pinki W/o Late Shri Chenaram, Aged About 29
Years, R/o 901, Bisaiti Vyaparion Ka Mohalla, Merta Road,
Tehsil Merta, District Nagaur.
2. Kumari Neetu D/o Late Shri Chenaram, Aged About 5
Years, Being Minor Hence Through Her Natural Guardian
And Mother Smt. Pinki, Respondent No. 1. R/o 901, Bisaiti
Vyaparion Ka Mohalla, Merta Road, Tehsil Merta, District
Nagaur.
3. Kumari Suman D/o Late Shri Chenaram, Aged About 4
Years, Being Minor Hence Through Her Natural Guardian
And Mother Smt. Pinki, Respondent No. 1. R/o 901, Bisaiti
Vyaparion Ka Mohalla, Merta Road, Tehsil Merta, District
Nagaur.
4. Master Gajendra S/o Late Shri Chenaram, Aged About 3
Years, Being Minor Hence Through His Natural Guardian
And Mother Smt. Pinki, Respondent No. 1. R/o 901, Bisaiti
Vyaparion Ka Mohalla, Merta Road, Tehsil Merta, District
Nagaur.
5. Master Uday S/o Late Shri Chenaram, Aged About 2
Years, Being Minor Hence Through Her Natural Guardian
And Mother Smt. Pinki, Respondent No. 1. R/o 901, Bisaiti
Vyaparion Ka Mohalla, Merta Road, Tehsil Merta, District
Nagaur.
----Respondents
For Appellant(s) : Mr. B.B.L. Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
17/11/2021
(2 of 3) [CMA-614/2020]
The present appeal has been filed against the award passed
by the Railways Claims Tribunal Jaipur Bench vide judgment dated
08.11.2019 whereby the amount of Rs.8 lacs has been awarded in
terms of Section 123 (b)(i) of the Railways Act, 1989 alongwith
interest @ 9%.
Learned counsel for the appellant submits that the inspection
of the dead body done by the Pointsman resulted in only recovery
of amount of Rs.1350/- alone and no ticket was recovered,
therefore, it is apparent that the deceased was not a bona fide
passenger travelling in the train. He further submits that an
amount of Rs.8 lacs has been awarded instead of amount claim of
Rs.6 lacs originally.
I have considered the submissions and find that Railway
Police conducted the procedure under Section 174 Cr.P.C. and
recovered the body from the railway track and ticket from Railway
Station Gotanpura and at the time of recovery of the dead body of
the deceased, railway ticket dated 22.08.2014 was also recovered
from the pocket of the shirt of the deceased which was a ticket
from Sathin Road to Merta Road. The claim petition was
accordingly filed.
Ticket has been marked as an exhibit and the claimants have
proved sufficiently that the deceased was a bona fide passenger
travelling in the train and met with an untoward incident resulting
in death. The amount of Rs.8 lacs has been paid to the claimants
in view of the amendment made in the act enhancing amount of
Rs.6 lacs to Rs.8 lacs.
This court also finds that in view of the law laid down by the
Apex Court in the case of Union of India Versus Rina Devi:
AIR 2018 SC 2362, it is observed that the claimants were
(3 of 3) [CMA-614/2020]
entitled to receive the compensation if the deceased had fallen
down while boarding the train.
Keeping in view thereto and taking into consideration the
statement as recorded before the Tribunal, I do not find any
reason to interfere with the award passed by the Railway Claims
Tribunal dated 08.11.2019.
The civil misc. appeal is accordingly dismissed.
All pending applications, if any, shall stand disposed of.
(SANJEEV PRAKASH SHARMA),J
Karan/58
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