Sheo Ratni Devi @ Shivrato Devi v. The Union Of India Represented Through The General Manager, Eastern Railway, Kolkata
Railway compensation – untoward death
Case brief
What is this about?
Patna High Court, Miscellaneous Appeal No.284 of 2014, decided 27-03-2024 by Nawneet Kumar Pandey, J. Appeal under Section 16 of the Railway Claims Tribunal Act, 1987 against dismissal of compensation claim (untoward death, Section 123(c), Railways Act, 1989) in OA-00264 of 2005 by Railway Claims Tribunal, Patna. Sole ground of rejection was non-furnishing of documentary proof that claimant Sheo Ratni Devi @ Shivrato Devi (Shivrani Devi) was the legally wedded wife of deceased Kishun Prasad Yadav. Held: impugned order set aside; matter remanded to Tribunal to consider documentary evidences (Aadhaar, voter card, genealogical table, bank/PO passbooks, ration card) and dispose of within three months. Keywords: railway untoward incident, Danapur-Howrah Express Train No. 3232, valid ticket, proof of marriage, remand.
What did the court decide?
Impugned order dated 06-03-2014 of the Railway Claims Tribunal, Patna Bench in OA No.00264 of 2005 set aside; matter remanded to the Tribunal to consider the appellant's documentary evidences and dispose of the matter within three months; the Misc. Appeal thereafter stands disposed of