Smt. Maya Devi vs Union Of India

Court
Madhya Pradesh High Court

NEUTRAL CITATION NO. 2026:MPHC-JBP:86978
1 MA-588-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
th
ON THE 29 OF OCTOBER, 2026
MISC. APPEAL No. 588 of 2021
CNR No.: MPHC010090252021
SMT. MAYA DEVI AND OTHERS
Versus
UNION OF INDIA
Appearance:
Shri Aman Soni, counsel for appellants.
Ms. Sunita Sood Gupta, counsel for respondent/UOI.
ORDER
Heard on I.A. No. 1425/2021, an application for condonation of delay.
As per the office note, there is a delay of 208 days in filing the appeal.
2. The appellant seeks condonation of the aforesaid delay on the
ground that, due to the COVID-19 pandemic and the circumstances
prevailing during that period, the appeal could not be filed within the
prescribed period of limitation.
3. Having considered the reasons assigned in the application and the
circumstances stated therein, this Court finds that the delay in filing the
appeal deserves to be condoned in the interest of justice. Accordingly, I.A.
No. 1425/2021 is allowed. The delay of 208 days in filing the appeal is
hereby condoned.
4. This miscellaneous appeal under Section 23 of the Railway
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 30-Oct-26
4:37:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:86978
2 MA-588-2021
Claims Tribunal Act, 1987, has been preferred by the appellants/claimants

against the judgment dated 24.04.2019 passed by the Railway Claims
Tribunal, Bhopal Bench, in Claim Case No. OA/IIu/BPL/2014/0120,
whereby the claim application seeking compensation on account of the death
of Maniram was dismissed.
5. The brief facts of the case are that on 26.09.2008, Maniram, aged
about 48 years, was travelling from Dabra Railway Station to Gwalior
Railway Station by Chhattisgarh Express. It is alleged that, due to heavy rush
in the train, when the train started moving, he accidentally fell from the
running train and died on the spot. The Government Railway Police, Dabra,
prepared the inquest panchnama and arranged for the post-mortem
examination. The appellants, being the wife and children of the deceased,
filed a claim application before the Railway Claims Tribunal, Bhopal Bench,
seeking compensation of ₹ 8,00,000/- on account of his death, contending
that the deceased was travelling on the strength of a valid Monthly Season
Ticket (MST) bearing No. D-82619335. The respondent, Union of India,
opposed the claim, disputing the status of the deceased as a bona fide
passenger. The learned Tribunal, vide the impugned judgment, held that the
appellants had failed to establish that the deceased was a bona fide passenger
at the time of the incident and consequently dismissed the claim application.
Being aggrieved by the aforesaid judgment, the appellants have preferred the
present appeal.
6. Learned counsel for the appellants submits that the learned
Tribunal has failed to properly appreciate the evidence on record and has
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 30-Oct-26
4:37:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:86978
3 MA-588-2021
erroneously held that the deceased was not a bona fide passenger. It is further

submitted that the mother of the appellants, Maya Devi, produced the
Monthly Season Ticket (MST) before the Tribunal and categorically stated in
her deposition that the deceased was travelling with a valid MST at the time
of the incident. However, the learned Tribunal failed to consider the
aforesaid evidence in its proper perspective and erroneously dismissed the
claim petition. Accordingly, learned counsel prays for setting aside the
impugned judgment and awarding compensation to the appellants.
7. Per contra, learned counsel appearing for the respondent-Railways
submits that the learned Tribunal has rightly appreciated the evidence
available on record. It is contended that no journey ticket or MST was
recovered from the body/cloth of the deceased at the time of the incident and,
therefore, the appellants have failed to establish that the deceased was a bona
fide passenger. Accordingly, it is submitted that the learned Tribunal has
committed no error in dismissing the claim petition.
8. Heard learned counsel for the parties and perused the record.
9. Upon perusal of the record, it appears that the appellants produced
a copy of the Monthly Season Ticket (MST) bearing No. D-82619335, which
was valid from 01.09.2008 to 30.09.2008. The incident occurred on
26.09.2008, i.e., during the validity period of the said MST. It further appears
that Maya Devi, the wife of the deceased and mother of the appellants, stated
in her deposition that the deceased was travelling with a valid MST at the
time of the incident. The learned Tribunal rejected the claim primarily on the
ground that the MST was not recovered from the body of the deceased
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 30-Oct-26
4:37:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:86978
4 MA-588-2021
during the preparation of the inquest panchnama and that the appellants had

failed to establish the connection between the MST produced before the
Tribunal and the deceased. However, the evidence regarding the validity of
the MST and the statement of Maya Devi were required to be considered in
their entirety along with the other evidence available on record. The mere
fact that the MST was not recovered from the body of the deceased cannot,
by itself, be conclusive of the question whether he was a bona fide passenger,
particularly when the claimants have produced documentary evidence and
led oral evidence in support of their claim.
10. It is also apparent from the impugned judgment that the learned
Tribunal accepted that the death of the deceased resulted from an accidental
fall from the train, thereby treating the incident as an untoward incident. In
view of the evidence regarding the MST and the statement of Maya Devi,
this Court finds that the conclusion drawn by the learned Tribunal regarding
the status of the deceased as a bona fide passenger cannot be sustained.
Consequently, the appellants are entitled to compensation in accordance with
law.
11. Accordingly, the appeal is allowed. The impugned judgment
dated 24.04.2019 passed by the Railway Claims Tribunal, Bhopal Bench, in
Claim Case No. OA/IIu/BPL/2014/0120 is hereby set aside. The appellants
shall be entitled to compensation of ₹ 4,00,000/- (Rupees Four Lakhs only),
together with interest at the rate of 6% per annum from the date of the
incident, i.e., 26.09.2008, till realization.
12. The respondent-Railways is directed to deposit the aforesaid
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 30-Oct-26
4:37:18 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:86978
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compensation, along with accrued interest, within a period of three months

from the date of this order. Learned counsel for the appellants shall furnish
the bank details of the appellants to learned counsel for the respondent-
Railways to facilitate payment of the compensation.
(B. P. SHARMA)
JUDGE
SM

Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 30-Oct-26
4:37:18 PM