The court emphasized the importance of credible evidence in determining the cause of death and the validity of compensation claims in railway accident cases.

S.P.GARG, J.:

1. In the instant appeal filed under Section 23 of Railway Accident Claims Tribunal Act, 1987, the appellants have challenged the order dated 19.09.2014 of Railway Claims Tribunal, Principal Bench, Delhi (hereinafter ‘Tribunal’) whereby their claim petition for grant of compensation on account of death of Pichhu Bind @ Ficho Vin was dismissed by the Tribunal.

2. The appellants are the legal heirs – Boni Devi (mother), Bhukni Devi (widow), Ritesh and Mithlesh (minor sons) and Sharmila and Reshmi (daughters) of late Pichhu Bind @ Ficho Vin. They filed claim petition before the Tribunal claiming compensation amount of Rs.10 lacs on the ground that Pichhu Bind @ Ficho Vin (since deceased) was going to Faridabad from Okhla New Delhi Railway Station in an EMU train on 06.10.2011 against a valid railway ticket No.79893202.

There was heavy rush in the compartment and the deceased stood near the gate. Due to heavy rush as well as sudden strong jerk of the said train, the deceased fell down from the moving train and suffered fatal injuries at KM no. 1505/24-26 platform no.3, FDN Yard. The matter was reported to GRP, Faridabad (Haryana) vide DD No.46 dated 06.10.2011. Post-mortem examination on the body was conducted at B.K.Hospital, Faridabad vide post-mortem report No. NIC-103/BKH/11. It was pleaded that since the victim had died in an untoward incident due to negligence on the part of the railways, the appellants were entitled for the compensation.

3. The claim was contested by the railways. It was stated that the deceased was not a bonafide passenger; he did not die in an untoward incident. It was a case of run over while unauthorizedly crossing the railway track and his death was not due to fall from a running train.

4. The appellants examined Boni Devi and Bhukhni Devi as AW-1 and AW-2 respectively and proved various documents. The respondent produced Sarvesh Kumar Gupta as RW-1 and filed DRM report, copy of Station Diary and TSR marked as Ex.R-1 to Ex.R-3. By the impugned judgment, the Tribunal dismissed the claim application on 19.09.2014. Aggrieved by the said orders, the appellants have filed the instant appeal.

5. I have heard the learned counsel for the parties and have examined the file. It is not disputed that the appellants are the legal heirs of the deceased. It is also not in controversy that the victim Pichhu Bind @ Ficho Vin was a bonafide passenger and had purchased a valid railway ticket bearing No.79893202 found in his possession at the time of conducting personal search at the spot. Postmortem examination on the body was conducted and various injuries were found on the victim’s body. The Tribunal declined the claim to the appellants primarily on the ground that the EMU in which the victim was travelling had arrived at Faridabad New Town Railway Station at 18.19 hours; it left at 18.20 hours. The body of the victim was recovered / noticed at around 20.40 hours when the matter was reported to GRP Faridabad vide DD No.46. The Tribunal was of the opinion that the fall had not taken place from EMU and it was unbelievable that the body would remain unnoticed for more than two hours at the spot. The Tribunal was also of the view that the injuries sustained by the victim were not due to fall as death report (Ex.A-9) indicated that the face was crushed, skull broken and brain matter had come out. The post-mortem report (Ex.A-11) recorded that the body was brought in multiple pieces. All such injuries were not possible due to fall; he was hit by a fast moving train and sustained injuries.

6. The findings of the learned Tribunal cannot be sustained on both these counts. It has not been investigated by the respondent as to on which particular train the deceased was travelling on the strength of ticket No.79893202 found in his possession at the time of search of the body at the spot. It was also not verified if the deceased had not sustained injuries due to fall from the EMU in which he was purportedly travelli