Rinku Devi v. Union of India
Case brief
What is this about?
Appeal against rejection of death compensation claim relating to railway accident. High Court set aside the Tribunal order citing applicant's illiteracy and lawyer's negligence causing eight-year adjournment.
What did the court decide?
Impugned order set aside; case remanded to Railway Claims Tribunal for fresh hearing.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.611 of 2009
=========================================================== Rinku Devi wife of Late Bablu Prasad, resident of village + P.O. Neora, P.S. Bihta District- Patna.
Petitioner/Appellant
Versus
Union of India through General Manager, Eastern Railway, Kolkata. Opposite Party/ Respondent =========================================================== Appearance :
Opposite Party/ Respondent
For the Appellant/s : Mr. MANOJ KUMAR AMBASTHA, Adv. For the Respondent/s : Mr. Anil Singh, Adv.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT
Date: 16-05-2014
1 . This appeal is directed against the judgment and order dated 28.8.2009 passed by Railway Claims Tribunal, Patna Bench in Claim Case No. O.A. No. 00303/1999 by which the claim case of the applicant-appellant has been rejected.
Issues for consideration
3 issues framed by the court
Whether the dismissal of the claim application due to lack of respondents and adjournment was fit to be sustained considering the illiteracy and age of the applicant.
Whether the applicant should suffer due to the negligence of her lawyer causing adjournments over eight years.
Whether the claim application should be remanded to the Tribunal for a fresh hearing.
Parties & counsel
- appellant
Rinku Devi wife of Late Bablu Prasad
- respondent
Union of India through General Manager, Eastern Railway, Kolkata
Coram
Amaresh Kumar Lal
Case details
As recorded by the court registry
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