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IN THE HIGH COURT OF DELHI
Valmiki J Mehta, J.
Dwarika Mahto & Others - Appellants
Vs.
Union of India - Respondent
FAO No. 100 of 2011
Decided On : 23-09-2011
Condonation of Delay - Railway Claims Tribunal - Railway Claims Tribunal Act, 1987, Section 23 - The court discussed the provisions of the Railway Claims Tribunal Act, 1987, particularly Section 23, and the interpretation of the rules regarding break in journey and endorsement on train tickets. The court emphasized the social welfare nature of the legislation and the concept of bonafide passenger, as well as the no fault liability and entitlement to compensation for untoward incidents under Sections 123(c) and 124A of the Railways Act, 1989.
Fact of the Case:
The appeal sought condonation of delay in filing the appeal due to lack of necessary funds. The main case involved a challenge to the dismissal of a compensation claim by the legal heirs of a deceased passenger who fell from a train due to grievous injuries.
Finding of the Court:
The court found that the lack of endorsement on the train ticket did not necessarily mean that the deceased was not a bonafide passenger, emphasizing that technical violations should not result in denying compensation under the Railway Claims Tribunal Act, 1987.
Issues: The issues involved the interpretation of the rules regarding break in journey, endorsement on train tickets, and the concept of bonafide passenger under the Railway Claims Tribunal Act, 1987.
Ratio Decidendi: The court held that the deceased was a bonafide passenger despite the lack of endorsement on the train ticket, emphasizing the social welfare nature of the legislation and the entitlement to compensation for untoward incidents under the Railways Act, 1989.
Final Decision: The appeal was allowed, and the appellants were granted statutory compensation of Rs.4 lacs along with interest, to be equally distributed among all the appellants.
Valmiki J Mehta, J.
CM. No.3755/2011 (Condonation of delay) in FAO No. 100/2011
1. This is an application for condonation of delay of 240 days in filing the appeal on the ground that the appellants are very poor persons having a hand to mouth existence and therefore they did not have necessary funds to file the present appeal. It is stated in the application that time was taken for arranging funds and which funds were made available from close relations only in the first week of December, 2010, whereafter counsel was engaged, and who thereafter took some time to go through the documents before filing the appeal. Though there is general opposition to this application, I find that there is truth and credibility in the averments made in the application. The application is therefore allowed and delay of 240 days in filing of the appeal is condoned.
FAO No.100/2011
The challenge by means of this First Appeal u/s 23 of the Railway Claims Tribunal Act, 1987 is to the impugned judgment of the Railway Claims Tribunal dated 2.12.2009 which dismissed the claim petition for compensation filed by the appellants who were the legal heirs of the deceased Smt. Jamuna Devi.
2. The facts of the case are that Smt. Jamuna Devi, the deceased, on 17.5.2008 purchased a second class train ticket No.50961406 from New Delhi to Gaya and boarded a train from New Delhi on the said date. She de-boarded the train on 18.5.2008 on reaching Mugalsarai railway station alongwith other passengers for some work. After completion of the work, she again boarded a train on 19.5.2008 from Mugalsarai, being train No.302 Varanasi-Asansol Passenger, for travelling from Mugalsarai to Gaya. Due to heavy rush and intense jostling among the passengers in the train, she fell down from the train resulting in grievous injuries which caused her death.
3. As per the rules of the respondent, it is not disputed that a person can break the journey after travelling 500 kms., for a period of two days. The Mugalsarai railway station admittedly was beyond the distance of 500 kms. from New Delhi from where the deceased de-boarded the train on 18.5.2008 and then again boarded a train on 19.5.2008. The deceased was thus entitled to break the journey at Mugalsarai railway station for two days i.e. the deceased was entitled on the same train ticket purchased from Delhi for Delhi to Gaya to again travel from Mugalsarai to Gaya railway station since she within a period of 48 hours of de-boarding took another train for travelling from Mugalsarai to Gaya.
4. The contention of the respondent before the Railway Claims Tribunal was that the deceased was not a bonafide passenger on the train No.302 Varanasi-Asansol Passenger train while travelling from Mugalsarai to Gaya inasmuch as there was no endorsement of break journey on the ticket which was purchased by the deceased at New Delhi on 17.5.2008.
5. The Railway Claims Tribunal accepted this defence of the respondent by observing as under:-
The only question that requires " determination in this case is, whether the deceased Smt. Jamuna Devi W/o Shri Dwarika Mahto was a bonafide passenger of train No.302 Varanasi-Asansol passenger after purchasing a ticket from New Delhi to Gaya as on 17.5.08.
The time table book 'Trains at a glance, Indian Railway July 2008-June 2009" at page 270 gives the answer of the above question (supra) in the following words:-
Question- Can I break my journey at any intermediate station?
Answer- If you hold a journey ticket for more than 500 kms, you can break your journey once for two days at any station enroute. This facility can be availed only after travelling 500 kms, from the starting station. If your ticket is for more than 1000 kms, you will be allowed to break your journey twice. The day of departure & arrival must be excluded while calculating the number of eligible days for break of journey. And remember to get your ticket endorsed by the Station Master/Ticket Collector at the station, where you intend to break up
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