SHILABAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short the Act of 1987) takes exception to the judgment dated 09.01.2004 passed by the Railway Claims Tribunal, Nagpur rejecting the claim application principally on the ground that the claimant had filed her affidavit in English and in her deposition she had stated that she could not understand English.

(2.) The facts relevant for adjudication of this appeal are that in an accident that took place on 04.10.2002, the appellant lost her husband aged about 56 yrs. She therefore filed proceedings for grant of compensation under Section 124A of the Railways Act, 1989 (for short, the Act of 1989). She filed various documents in support of the claim.

(3.) Shri S. R. Charpe, learned counsel for the appellant submitted that the Tribunal was not justified in dismissing the claim application merely on the ground that the appellant was not aware about the contents of her affidavit that was prepared in English. Relying upon the provisions of Section 18 of the Act of 1987 it was submitted that the Tribunal was not bound by the procedure laid down by the Code of Civil Procedure but was guided by the principles of natural justice. It was then submitted that all relevant documents had been filed on record by the appellant for seeking compensation and the Tribunal ought to have considered the same. The Tribunal not having done so, the claim of the appellant was defeated for technical reasons. It was therefore submitted that the appellant was entitled to receive monetary compensation under the Act of 1989.