SMT. KAMLA GANGAWANE Vs. SOUTH EAST CENTRAL RAILWAY

JUDGEMENT

(1.) This appeal has been filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 by the appellant against the order dated 08.03.2016 passed by the Railway Claims Tribunal, Bhopal Bench in Case No.O.A./IIu/BPL/2014/0455, whereby the claim of the appellant has been dismissed on a preliminary stage by holding that the appellant is not a legal guardian of the deceased passenger referring to Sec. 123 of the Railways Act, 1989.

(2.) Learned counsel for the appellant has submitted that the appellant being the grandmother of the deceased passenger, had filed the claim under Sec. 16 of the Railways Claims Tribunal Act in which only notices have been issued and no evidence has been led by the appellant in the Claims Tribunal and when the matter was fixed before the Claims Tribunal on 08.03.2016, the Court raised a question to the counsel appearing for the appellant regarding the locus of the appellant to file such an application to which the counsel, who had just filed his Vakalatnama on that day only, informed the Court that the appellant has filed the claim in the capacity of the guardian of the deceased. Although in the claim application of the appellant, it is not even averted that the same is being filed by the appellant in the capacity of the guardian of the deceased, in fact the application has been filed on the ground that the appellant happens to be the only dependent of the deceased passenger. Learned counsel for the appellant has also drawn the attention of this Court to Sec. 123 of the Railways Act, 1989 which defines dependent, the same reads as under:

(3.) Learned counsel for the appellant has submitted that as per Subclause (iv) of Clause (b) of Sec. 123 of the Railways Act, the paternal grandparent wholly dependent on the deceased passenger can also file such an application and thus, the appellant being the grandmother of the deceased was entitled to file such an application under Sec. 123(4).