Patna High Court
Mosamat Kavita Devi @ Kabita DeviversusThe Union of India through the General Manager
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted liberty to the appellant to approach the Tribunal afresh, allowing her to file a new claim.
Summary
The appellant, Mosamat Kavita Devi, a widow, appealed against an order dated 11-02-2015 of the Railway Claims Tribunal which dismissed a claim originally filed by her father-in-law, Krishna Singh, on the ground that there was no representation to prove the case. After Krishna Singh's death on 29-06-2011, the appellant was not substituted as a party to the claim. She contended that she should be allowed to approach the Tribunal afresh, as the original claimant was deceased and she was not a party to the earlier proceedings. The Railway argued that the claim was properly dismissed and no further action could be taken by the widow. The Court held that the appellant should be granted liberty to file a fresh claim before the Tribunal, recognizing her right to pursue the matter after the death of the original claimant. Consequently, the appeal was disposed of, granting the requested liberty.
Issues considered
- Whether a widow, who was not a party to the original claim filed by her father-in-law, can approach the Railway Claims Tribunal afresh after the death of the original claimant.
Subjects
- legal standing
- widow
- Railway Claims Tribunal
- procedural law
- substitution of parties
- fresh claim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.370 of 2023
======================================================
Mosamat Kavita Devi @ Kabita Devi Widow of Late Rajeev Kumar @ Late
Rajib Kumar, Resident of Village - Haibatpur, P.S. - Khushrupur, District-
Patna.
... ... Appellant/s
Versus
The Union of India through the General Manager E.C. Railway, Hajipur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Durgesh Nandan, Advocate
For the Respondent/s : Mr. Amarendra Nath Verma, CGC
Mr. Rakesh Kumar Singh, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
10 19-02-2026 Heard Mr Durgesh Nandan, learned counsel for the
appellant and Mr. Amarendra Nath Verma, learned counsel
representing the Railways.
2. The present appeal has been preferred:
“against the order dated 11.02.2015
passed in Claim Application No. OA 00103/2008
(Computer No. 246/08) by Hon’ble Member
(Technical), RCT/Patna Bench.”
3. Learned counsel for the Railways submitted that the
claim was originally preferred by the father-in-law of the present
appellant, namely Krishna Singh, who, according to the appellant,
died on 29.06.2011. The record further indicates that ‘the
Tribunal’, by order dated 11.02.2015, recorded that there was no
representation on behalf of the claimant to prove the case.
4. In that background, the lady-appellant who is widow
and who was not party to the said claim should have approached
afresh before ‘the Tribunal’.
Patna High Court MA No.370 of 2023(10) dt.19-02-2026
2/2
5. At this stage, Mr. Durgesh Nandan, learned counsel
for the appellant, submits that admittedly, the father of the
deceased had been pursuing the matter before ‘the Tribunal’ and,
after his death on 29.06.2011, the present appellant was not
substituted or brought on record. He therefore submits that liberty
be granted to her to approach ‘the Tribunal’ afresh, satisfying it
that due to the death of her father-in-law, the case could not be
pursued further.
6. Granting said liberty, MA. No. 370 of 2023 stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…