Sarita Devi v. The Union Of India Through The General Manager, Eastern Railway, Kolkata West Bengal.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.69 of 2014 ====================================================== Sarita Devi Widow Of Late Umesh Das @ Mahesh Das Resident Of Village - Ghosepur, P.O. Farka, P.S. Sabour, District - Bhagalpur ... ... Appellant/s

Versus

The Union Of India Through The General Manager, Eastern Railway, Kolkata West Bengal.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Dhirendra Nath Jha, Advocate For the Respondent/s :

Mr. Anil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 05-02-2019 Heard learned counsel for the parties.

2. This appeal is barred by limitation of 39 days. The delay in filing of this appeal is explained in I.A. No.8280 of 2015. Hence, the delay is condoned.

3. The claim petition filed by the appellant before the Railway Claims Tribunal, Patna Bench, vide MA/OA 00064/2002 has been dismissed by the impugned order dated 11.09.2013. The claim has been dismissed on the ground that appellant failed to produce any oral evidence or any evidence of dependency.

4. Learned counsel for the appellant submits that the appellant had no knowledge about the date fixed for evidence before the Tribunal nor any notice was sent to the claimant-appellant. Moreover, the appellant clearly stated that she is wife of deceased Umesh Das @ Mahesh Das. Therefore,

Patna High Court MA No.69 of 2014 dt.05-02-2019 2/2 according to law she was dependent of the deceased.

5. The lower Courts record reveals that issues were framed on 09.01.2013 and the matter was adjourned for 06.03.2013 for production of evidence. Thereafter, no ordersheet shows that the matter was taken up on 06.03.2013. Abruptly, on 04.04.2013, the opportunity of evidence of the appellant was closed as none appeared on behalf of the appellant thereat. Only the aforesaid factual position shows that the record was not running properly and with proper notice to the parties.

6. Hence, the impugned order is fit to be set aside on that ground alone. Accordingly, the same stands set aside and the matter is remitted back to the Tribunal to proceed according to law and decide the matter within three months. The applicant may produce her identity proof and address proof to substantiate that she is wife of the deceased. Thereafter, there would be no need to produce dependency certificate because dependency is decided in terms of statutory provision and not on the basis of a certificate issued by the competent authority.

7. Accordingly, this appeal stands allowed.

Mkr./- (Birendra Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2019 Transmission Date