2023 0 Supreme(SC) 528
SUPREME COURT OF INDIA
Surya Kant, J.K. Maheshwari, JJ.
Kamukayi & Ors. – Appellants
Versus
Union of India and Ors. – Respondents
Civil Appeal No. 3799 of 2023 (Arising Out of SLP (C) No. 17062/2022)
Decided On : 16-05-2023
IMPORTANT POINT
Death of passenger in untoward incident – Mere absence of ticket with injured or deceased will not negative claim that he was a bona fide passenger.
Railways Act, 1989 – Sections 123(c) and 124-A – Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 – Rule 7(2) – Death of passenger in untoward incident – Claim application dismissed by Claims Tribunal for not having journey ticket – Mere absence of ticket with such injured or deceased will not negative claim that he was a bona fide passenger – Initial burden will be on claimant which can be discharged by filing affidavit of relevant facts and burden will then shift on Railways and issue can be decided on facts shown or attending circumstances – Nothing has been placed before Claims Tribunal or brought on record during the course of hearing that Railway Administration has discharged burden of not having valid railway ticket with deceased passenger, except to say that during recovery ticket was not found – In absence of any cogent evidence, notwithstanding anything contained in any other law, Railway Administration shall be liable to pay compensation as prescribed – It is proved beyond reasonable doubt that deceased died in an untoward incident while travelling in a passenger Train and he was a bona fide passenger – Findings adversely recorded by Claims Tribunal and affirmed by High Court are perverse and set-aside – Appellants held entitled for compensation to the tune of Rs. 4,00,000/- along with interest @ 7% p.a. from date of filing claim application till its realisation – After applying rate of interest, if final figure is less than Rs. 8,00,000/-, then appellants shall be entitled to Rs. 8,00,000/-. (Paras 10, 19 and 23)
Facts of the case:
High Court by the impugned judgment held that appellants had failed to establish any untoward incident or deceased was a bona fide passenger however upholding impugned judgement dated 29.06.2017 of the Railway Claims Tribunal, Chennai Bench, claim petition filed seeking compensation for the death of Muchamy @ Muthusamy was dismissed. Challenging both judgments, claimants/appellants are before this Court.
Findings of Court:
Appellants are held entitled for compensation to the tune of Rs. 4,00,000/- along with interest @ 7% p.a. from the date of filing the claim application till its realisation. After applying the rate of interest, if final figure is less than Rs. 8,00,000/-, then appellants shall be entitled to Rs. 8,00,000/-. The amount of compensation be satisfied by the respondents within a period of eight weeks.
Result : Appeal dismissed.
Act Referred :Railway Passengers Manner of Investigation of Untoward Incidents Rules : R.7(2)RAILWAYS ACT : S.123(c), S.124(a)
Cases Referred:Advocates appeared :For the Petitioner(s) : Mr. Senthil Jagadeesan, AOR Mr. Sajal Jain, Adv. Ms. Sonakshi Malhan, Adv. For the Respondent(s) : Mr. Vivek Narayan Sharma,Adv. Mr. Shuvodeep Roy,Adv. Mr. Shetty V. Sagar,Adv. Ms. Alka Agarwal,Adv. Mr. Amit Sharma B.,Adv. Mr. Amrish Kumar, AOR
JUDGMENT :
J.K. Maheshwari, J.
1. Leave granted.
2. This appeal arises out of the judgment dated 26.03.2021 passed by the High Court of judicature of Madras in Civil Miscellaneous Appeal No. 2442/2019 filed by appellants. The High Court by the impugned judgment held that appellants had failed to establish any untoward incident or the deceased was a bona fide passenger however upholding the impugned judgment dated 29.06.2017 of the Railway Claims Tribunal, Chennai Bench, claim petition filed seeking compensation for the death of Muchamy @ Muthusamy was dismissed. Challenging both the judgments, the claimants/appellants are before this Court.
3. Succinctly stated, facts of this case are that on 27.09.2014 the deceased-Muchamy @ Muthusamy (husband of appellant 1 and father of appellants 2 and 3) was required to go for medical treatment to Government Hospital, Karur. He reached Lalapettai Railway Station along with his son (appellant 3), who purchased the railway ticket of Karur and handed over to deceased who boarded Train No. 56841- Trichy Erode Passenger to reach Karur. When the train reached Mahadanapuram Railway Station, due to heavy crowd in the compartment and jolting of the train, the deceased unexpectedly fell down from the running train between the platform and track at KM 90/200-300 and sustained grave injuries including decapitation and amputation of right hand. The deceased died on the spot. FIR was lodged in Railway Police Station, Karur, the inquest report was prepared and the final report had also been submitted which clearly reveals that death of the deceased was an outcome of untowar
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