Railways Appeal against Patna High Court order upholding Railway Claim Tribunal award of Rs. 4,00,000 compensation to deceased's family in a rail accident case. Court dismissed appeal finding no error in Tribunal's decision.
Miscellaneous Appeal No.83 of 2017 dismissed. Original Tribunal order dated 18.11.2016 upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.83 of 2017
======================================================
Union Of India Through The General Manager, North East Frontier Railway, Maligaon, Guwahai
... ... Appellant/s
Versus
... ... Respondent/s
| =============== Appearance : For the Appellant/s For the Respondent/s |
======================================= : Mr.Anil Singh,Advocate : Mr.Alok Kumar Jha,Advocate |
|---|---|
| =============== CORAM: HONOU |
======================================= RABLE MR. JUSTICE RAJIV ROY |
ORAL JUDGMENT Date : 13-12-2022
Heard Mr. Alok Kumar Jha, learned counsel
for the Railways.
Patna High Court MA No.83 of 2017 dt.13-12-2022
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present appeal is/are as follows:-
stating that:
(i) the deceased was not a valid passenger;
(ii) as such, it does not come within Section 123(C) of the Railways Act, 1989 (henceforth for short 'the Act');
(iii) no dependents certificate was filed;
(iv) death related report was also not filed and;
(v) no such occurrence took place.
(i) whether he was a valid passenger?;
(ii) whether the claim is hit by under Section 123(C) of the Act?;
(iii) whether the applicants are
Patna High Court MA No.83 of 2017 dt.13-12-2022
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dependents of the deceased and;
(iv) whether they are entitled for the compensation?.
Patna High Court MA No.83 of 2017 dt.13-12-2022 4/5
having valid ticket at the time of accident and thus not a bona fide passenger and as such, ‘the learned Tribunal’ failed to look into this matter and erred in allowing the Claim Case No. O.A. No. 00185/2013.
Patna High Court MA No.83 of 2017 dt.13-12-2022 5/5
Tribunal in Claim Case OA No. 00185 of 2013.
accordingly, dismissed.
(Rajiv Roy, J)
Jagdish/Neha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 15.12.2022 |
| Transmission Date | NA |
2 issues framed by the court
Whether the learned Tribunal erred in allowing the compensation claim against the Railways regarding a death due to an accident in a crowded train.
Whether there was any error in the Tribunal's finding that the deceased was a bona fide passenger despite the Railways' challenge.
Union Of India Through The General Manager, North East Frontier Railway
Smt. Lajya Devi
Jaymanti Kumari
Satish Kumar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
