Case Note & Summary
The appellant, Shilabai wd/o Raghunath Hemne, lost her husband in a railway accident on 04.10.2002. She filed a claim for compensation under Section 124A of the Railways Act, 1989 before the Railway Claims Tribunal, Nagpur. She filed various documents in support of her claim and on 11.12.2003 filed an affidavit in lieu of evidence, which was in English. During cross-examination, she stated that she had signed the affidavit but did not know its contents as it was written in English. The Tribunal dismissed the claim application on the ground that since the claimant was not aware of the contents of her affidavit, she had failed to prove her case. The appellant appealed under Section 23 of the Railway Claims Tribunal Act, 1987. The High Court considered the submissions of both sides. The appellant's counsel argued that the Tribunal was not justified in dismissing the claim on a technical ground and that under Section 18 of the Act of 1987, the Tribunal is not bound by the CPC but by principles of natural justice. He submitted that all relevant documents had been filed and the Tribunal ought to have considered them. The respondent supported the impugned judgment. The High Court framed the issue of whether the Tribunal was justified in dismissing the claim. Upon examining the records, the Court noted that the claim petition was in English but signed by the appellant in vernacular, and various documents including the post-mortem report, inquest panchnama, and railway accident report were on record. The Court held that the Tribunal, being a quasi-judicial body guided by principles of natural justice, should not have dismissed the claim solely because the affidavit was in a language not understood by the claimant. The Court observed that the Tribunal could have examined the claimant further or considered the other documentary evidence. The impugned order was set aside and the matter was remanded to the Tribunal for fresh consideration on merits, directing the Tribunal to give an opportunity to the appellant to lead evidence and decide the claim in accordance with law. The appeal was allowed.
Headnote
A) Railway Law - Compensation for Death - Section 124A Railways Act, 1989 - Affidavit in English - The claimant, a widow, filed a claim for compensation after her husband died in a railway accident. She filed an affidavit in English but stated in cross-examination that she could not understand English. The Tribunal dismissed the claim solely on that ground. The High Court held that the Tribunal, being guided by principles of natural justice under Section 18 of the Railway Claims Tribunal Act, 1987, ought to have considered the other documents on record and not dismissed the claim merely because the affidavit was in a language not understood by the claimant. The matter was remanded for fresh consideration on merits. (Paras 1-6) B) Procedure - Railway Claims Tribunal - Section 18 Railway Claims Tribunal Act, 1987 - Principles of Natural Justice - The Tribunal is not bound by the Code of Civil Procedure but must follow principles of natural justice. Dismissing a claim solely because the claimant's affidavit was in English, when she did not understand English, without considering other evidence, violates natural justice. (Paras 3-5)
Issue of Consideration
Whether the Railway Claims Tribunal was justified in dismissing the claim for compensation solely on the ground that the claimant was not aware of the contents of her affidavit which was in English.
Final Decision
The appeal is allowed. The impugned judgment dated 09.01.2004 is set aside. The matter is remanded to the Railway Claims Tribunal, Nagpur for fresh consideration on merits. The Tribunal shall give an opportunity to the appellant to lead evidence and decide the claim in accordance with law. No order as to costs.
Law Points
- Railway Claims Tribunal not bound by CPC but by principles of natural justice
- Affidavit in English not understood by claimant does not automatically defeat claim
- Tribunal must consider all documents on record
- Section 18 of Railway Claims Tribunal Act
- 1987
- Section 124A of Railways Act
- 1989
