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High Court of Delhi
THE HONOURABLE MR. JUSTICE VALMIKI J. MEHTA
Anupam Sharma
Versus
Union of India Thr. GM Northern Railway
FAO No. 345 of 2012
Decided On : 15-01-2014
Railway Claims Tribunal Act - Compensation - Section 23 - The court held that the deceased was a bonafide passenger of the EMU Train and fell down from the train, constituting an untoward incident under the Railways Act, 1989. The respondent-Railways were held liable to pay compensation to the appellant/applicant.
Fact of the Case:
The appellant's claim petition for compensation was dismissed by the Railway Claims Tribunal, which held that the deceased was not a bonafide passenger and did not fall from the train, but was run over by it.
Finding of the Court:
The court found that the deceased was a bonafide passenger and fell from the train, constituting an untoward incident under the Railways Act, 1989. The Railway Claims Tribunal's judgment was deemed unsustainable, and the appellant was granted compensation of Rs.4 lacs along with interest.
Issues: The main issue was whether the deceased fell from the train, constituting an untoward incident under the Railways Act, 1989, and whether the respondent-Railways were liable to pay compensation.
Ratio Decidendi: The court emphasized that the liability of the Railways is a strict liability and that the appellant had discharged the onus of proving that the deceased was a bonafide passenger who died on account of a fall from the train. The court also highlighted the importance of the statement of an independent witness and the lack of evidence from the respondent-Railways.
Final Decision: The appeal was allowed, and the appellant was granted compensation of Rs.4 lacs along with interest. The respondent-Railways were held liable to pay the compensation within six weeks.
Valmiki J. Mehta, J. (Oral)
1. This matter was called out in the pre-lunch session but no one appeared for the respondent though counsel for the appellant was present. Even on the second call after lunch although it is 2.50 PM, no one appears for the respondent. I have therefore heard the counsel for the appellant and after perusing the record am proceeding to dispose of the appeal.
2. This first appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment dated 27.2.2012 by which the claim petition filed by the applicant /appellant was dismissed. The Railway Claims Tribunal by the impugned judgment has held that compensation cannot be awarded inasmuch as the deceased has been run over by a train and it is not that he fell down from a train.
3. The facts of the case as pleaded by the appellant/applicant are that the applicant is the son of the deceased Sh. Bishan Sharma who died in an untoward incident on 12.6.2009. It is pleaded in the claim petition that the deceased father of the applicant was going from Kishanganj Railway station to Shakurbasti in an EMU Train when he fell down from the moving train due to heavy rush and sudden jerk of the train near Pole No. 8/2-8/5 Rampuriya Railway Colony. The deceased was said to have a valid ticket No. 75134948. The respondent-Railways contested the case by pleading that deceased was neither a bonafide passenger and nor the deceased expired on account of fall from the train.
4. The Railway Claims Tribunal by the impugned judgment has given the following reasons for dismissing the claim petition.
“4.3 The documents, placed on record by the applicant, as indicated in Para 1 above are examined as under:-
4.3.1 DD Entry dated 12.6.09 (AW1/3) reveals that ASM, Shakurbasti Railway Station Anil Kumar informed that at 11.50 a.m. at K.M 8/5, Up Line between Daya Basti Railway Station and Shakurbasti Railway Station, one person is run over by HS-1 train.
4.3.2 Brief facts (AW1/4):- It discloses that the I.O, on reaching the spot, found the dead body of a male cut into multiple pieces. During search of the dead body, one mobile Tata phone of S/Grey color, one DVB I. Card and one railway ticket ex-Delhi Kishanganj Railway Station-Shakurbasti Railway Station was recovered. It further reveals that while he was travelling from Kishanganj Railway Station to Shakurbasti Railway Station by HS-1 EMU Train, suddenly fell down and came under the wheels of the said EMU Train.
4.3.3 Railway ticket (AW1/5):- It is computerized IInd class ordinary rail journey ticket dated 12.9.09 bearing No.75134948 ex-Kishanganj Railway Station to Shakurbasti Railway Station. The ticket was issued from Kishanganj Railway Station, Window No.2 at 6.08 hours.
4.3.4 Statement of Naresh Kumar (AW1/6):- He is an alleged eyewitness to the incident and gave his statement to the police that at about 11.30 a.m., he was standing outside the Railway Colony towards the railway line. At that time, one EMU passed, in which, one person fell down from the moving train and came under the wheels. The alleged eyewitness Naresh Kumar was, however, not produced before this Tribunal for examination.
4.3.5 Exht.AW1/7 and AW1/8:- These are the statements of Rajinder Kumar, brother-in-law of the deceased and Anupam, son of the deceased, who identified the dead body to be of Bishan Sharma.
4.3.6 DD 14-PP dt 12.6.09 Exht. AW1/9:- Averments in this police document are the same as in Brief Facts, AW1/4.
4.3.7 Postmortem Report (AW1/10):- The M.O. has opined therein that the cause of death of deceased is shock due to ante-mortem crush injury to whole body produced by blunt force impact.
4.4 The oral evidence of Court Witness, RW-1 and the documentary evidence, filed by hi, are examined as under:-
4.4.1 RW-1 deposed during oral evidence that HS-1 arrived Shakurbasti Railway Station via Patel Nagar at 11.50 hrs on 12.6.09. On 12.6.09 Anil Kumar was Y.M in the Yard from 08.00 hrs to 16.00 hrs shift. He further deposed t
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