Union Of India vs Smt. Lalita Devi Wife Of Late Shri ...
2022 Latest Caselaw 1598 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Miscellaneous Appeal No. 39/2022

Union Of India, Through The General Manager, North Western
Railway, Jaipur(Rajasthan).
                                                                        ----Appellant
                                     Versus
1.     Smt.      Lalita   Devi      Wife     Of     Late      Shri     Puranmal    @
       Puranchand Sharma, Aged About 49 Years, Resident Of
       Village     Goongdod,           Tehsil      Rajgarh,          District   Alwar
       (Rajasthan).
2.     Archana Sharma Daughter Of Late Shri Puranmal @
       Puranchand Sharma, Resident Of Village Goongdod, Tehsil
       Rajgarh, District Alwar (Rajasthan).
3.     Priyanka Sharma Daughter Of Late Shri Puranmal @
       Puranchand Sharma, Resident Of Village Goongdod, Tehsil
       Rajgarh, District Alwar (Rajasthan).
4.     Vanjana Sharma Daughter Of Late Shri Puranmal @
       Puranchand Sharma, Resident Of Village Goongdod, Tehsil
       Rajgarh, District Alwar (Rajasthan).
5.     Master Ashish Sharma Son Of Late Shri Puranmal @
       Puranchand Sharma, Resident Of Village Goongdod, Tehsil
       Rajgarh, District Alwar (Rajasthan).
                                                                  ----Respondents

For Appellant(s) : Mr.Intjar Ali, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

17/02/2022

Learned counsel for the appellant submitted that the finding

with regard to possession of a valid railway journey ticket and

deceased being a bona-fide passenger of the train, is contrary to

the record.

(2 of 2) [CMA-39/2022]

Learned counsel submitted that admittedly the ticket, which

was produced by the claimants, was after four days of incident

and as such prima-facie deceased-passenger was not a bona-fide

passenger of the train.

Learned counsel further submitted that the presumption by

the Railway Accident Claims Tribunal, that even if ticket is

recovered later on, the same would amount to travelling by

holding a valid ticket, is contrary to the judgment passed by the

Apex Court.

The matter requires consideration.

Notices may be issued to the respondents-claimants,

returnable within four weeks.

In the meanwhile, the execution proceedings of Railway

Accident Claims Tribunal shall remain stayed, on the condition of

depositing the entire award amount by the appellant within a

period of five weeks. On depositing of the said award amount, the

claimants will be entitled for disbursement of 50% of the award

amount in their Savings Bank Account, after taking an undertaking

that amount so paid to them will be subject to outcome of the

appeal and in case the appeal of the appellant is allowed, the

amount so paid to them will be refunded back.

The rest 50% of the amount will be kept in FDR for a period

of one year, to be renewed from time to time.

(ASHOK KUMAR GAUR),J

Monika/11

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