Madhya Pradesh High Court
Smt. Rekha Bai Nagre vs Union Of India on 17 May, 2017
Writ Petition No.3469 / 2017
17.05.2017.
Shri V.R. Jumre, counsel for the petitioners.
Smt. Amrit Ruprah, counsel for the respondent.
The challenge in the present petition is to an order passed by the Railway Claims Tribunal, Bhopal on 01.12.2016, whereby an application for restoration of the claim petition dismissed in default of appearance on 23.02.2016 was not restored. It is pointed out by learned counsel for the petitioners that the husband of the counsel engaged by the petitioners was suffering from Cancer and breathed his last on 11.01.2017 and that because of illness of her husband, the counsel could not appear on the dates fixed. It is also argued that the petitioners are not literate, well versed with technicalities, therefore, they have reposed confidence in their counsel but the counsel could not appear for the reasons which were personal and un- avoidable.
We find that the Railway Claims Tribunal has proceeded in the matter of determining compensation presuming it to be an adversarial litigation. The claims Tribunal ought to have determined the compensation payable to the claimants with humane approach on account of death of Khareram, as he was run-over by the train.
We find that in the matters like this, the Railway Claims Tribunal should not take an approach of deciding lis between the two adversaries in litigations. The purpose of claims Tribunal is to decide the matter so as to determine as to whether the legal heirs of the deceased are entitled to any compensation and what amount of compensation in view of an unfortunate accident which makes the dependents miserable.
In view of the said fact, the orders passed by the Railway Claims Tribunal from time to time from 23.02.2016 are set aside. The matter is restored to the file of Railway Claims Tribunal, Bhopal Bench, Bhopal. The Tribunal shall decide the matter on merits in accordance with law expeditiously.
Parties are directed to appear before the Railway Claims Tribunal on 03.07.2017 for further proceedings.
Consequently, the petition is disposed of.
( Hemant Gupta) (Vijay Kumar Shukla)
Chief Justice Judge
ss/-