Anil Pandey v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.601 of 2012 =========================================================== Anil Pandey, Son of late Jagdish Pandey, resident of Village-Samabad, P.S.-Rahui, District-Nalanda.

.... .... Appellant

Versus

The Union of India through the General Manager, Eastern Railway, Kolkata, now East Central Railway, Hazipur.

.... .... Respondent =========================================================== Appearance :

For the Appellant : Mr. Nityanand Mishra, Advocate Mr. Balmeeki Pandey Bhasker, Advocate For the Respondent : Mr. Bindhyachal Singh, Advocate Mr. Parijat Saurav, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date: 09-02-2015 This file is brought under the heading "For Hearing Under Order XLI Rule 11 CPC".

Re. Interlocutory Application No. 7123 of 2014 The delay in filing of this appeal is hereby condoned. Accordingly, Interlocutory Application No. 7123 of 2014 stands disposed of.

Re. Misc. Appeal No. 601 of 2012

1. Heard the parties.

2. This appeal has been preferred against the

Patna High Court MA No.601 of 2012 dt.09-02-2015 order dated 23rd February, 2012 passed by Hon'ble Member (Technical), Shri J.D. Goswami/RCT/Patna Bench in Claim Application No. OA 000206 of 2001, wherein, the Railway Claims Tribunal Below refused the claim of compensation put forward by the claimant-appellant against death of his wife, who allegedly was a victim of untoward incident taking place on 18th August, 2001 while making an attempt to board in a train.

3. This is undisputed that at the relevant time the victim had no railway ticket rather her husband, the claimant-appellant, had gone ahead and also said to have purchased tickets from subsequent station, but she died before she could arrived there.

4. Taking into consideration the undisputed fact that the deceased was not a bona fide passenger (ticket less), there appears no reason for differing with the findings of the Claim Tribunal Below. Accordingly, finding no merit, this appeal is hereby dismissed.

(Akhilesh Chandra, J) Praveen-II/- U