Rajani Kant Ray v. The Union Of India Through The General Manager, N.F. Railway, Railway, Guwahati

Patna High Court MA No.134 of 2013 dt.10-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.134 of 2013 ======================================================= Rajani Kant Ray S/O Late Mushai Ray R/O Village - Ashok Nagar, Soneli, P.S. Kadawa, District - Katihar ( Bihar ) .... .... Appellant/s

Versus

The Union Of India Through The General Manager, N.F. Railway, Railway, Guwahati .... .... Respondent/s ======================================================== Appearance :

For the Appellant/s : Mr. Pravin Kumar Gupta, Advocate For the Respondent/s : Mr. Bijay Kumar Sinha, Advocate ======================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date: 10-02-2015 Heard learned counsel for the parties.

This appeal has been preferred against order dated 17.12.2012 passed by Member (Technical), Railway Claims Tribunal, Patna Bench, Patna, in Claim Application No. OA 000203 of 2002, the dismissal of the claim put forward seeking compensation against death of Dilip Kumar said to have been died on 17th August, 2001, during traveling having valid ticket.

As is evident from Lower Court Records the claimant appellant being father of the deceased has put forward the claim, of course disclosing his wife as one of the two dependants upon the deceased but the lady appears not made party to the appeal

Patna High Court MA No.134 of 2013 dt.10-02-2015 either as co-appellant or co-respondent. Apart from grounds taken by the Claim Tribunal while dismissing the claim on their solitary ground as indicated above, this appeal is not maintainable. Accordingly, this appeal is hereby dismissed. Rajeev/- (Akhilesh Chandra, J.) U T