#firstappeal

Smt. Kamlabai v. Union of India

Decided on 07.06.2023

By Hon’ble Justice Smt. M S Jawalkar

Bombay High Court, Nagpur Bench

This is the First Appeal before the Nagpur Bench against the order passed by Railway Claim Tribunal dismissing the appeal the claim of the appellant (mother of the deceased).  

Fact:

It was submitted by the appellant that on 28.01.2015, Kailash the deceased purchased journey ticket from Ex Badnera to Dhamangaon and boarded on the Amravati-Nagpur Passenger Train.

The train was over crowded hence, due to jostling and pushing of passengers his son fell down from running train at Pulgaon Railway Line near Starter Signal and died on the spot.

The appellant filed a claim of Rs. 4 lacs as compensation on account of death of his son. The Respondent Railway CST Mumbai resisted the claim of the appellant.

Decision of the Railway Tribunal:

Tribunal dismissed the claim of the appellant on 21.11.2017 holding that mere finding of the dead body by the side of track and recovery ticket is not sufficient to prove that the deceased was bonafide passenger.

Aggrieved by the order of the Railway Tribunal appellant mother filed First Appeal before the Hon’ble Bombay High Court, Nagpur Bench.

Observation of the Hon’ble Court:

There is no dispute over the fact, that railway ticket dated 28/01/2015,was purchased from Badnera to Dhamangaon and it has been recovered from the pocket of the deceased by Investigation Officer.

In inquest panchnama as well ticket is found on the body of the person.

The train left from Badnera station at 16.53 hrs. Train arrived at Pulgaon at 17.59 hrs and departed at 18.00 hrs. However, only on the basis of intimation given by Station Manager to the on-duty GRP/RPF, Pulgaon for necessary action and time mention by him is 17.40 hrs., the inference is drawn by the Tribunal that the body was found before arrival of train at Pulgaon station.

There might be mistake in mentioning time in memo by Station Manager, Pulgaon, as that was the only train going from Amravati to Nagpur and when a person purchases a ticket at Badnera just before 10-15 minutes cannot reach at Pulgaon before train reaches to the Pulgaon and commit suicide or tried to cross the railway crossing.

No inference other than falling from the train at Pulgaon can be drawn, in view of the ticket which possessed by the deceased at the time of accident/untoward incident. It has to be presumed when deceased was having valid ticket, he was bonafide passenger of that train.

There are no witnesses examined by the railway to show that he was crossing the railway track and met with an accident.

Railway ticket possessed by the deceased which was valid and was for the same day and body was detected on railway track.

Order passed by learned Tribunal is totally perverse and erroneous and liable to be set aside. In view of schedule to Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, applicant is entitled for Rs.8,00,000/- (Rupees Eight Lakhs), as compensation for death of her deceased son.

Order:

Union of India is directed to pay to the appellant the sum of Rs.8,00,000/- and the said amount shall be deposited in the account of claimant after verification of identity within three months.