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IN THE HIGH COURT OF DELHI
MOOL CHAND GARG, J.
MAMTA AND OTHERS — Appellant
Vs.
UNION OF INDIA (UOI) — Respondent
FAO No. 12 of 2009
Decided on : 28-03-2011
Railway Claims Tribunal - Dependents - Railway Claims Tribunal's Act, Section 16 - Section 123(c) of the Railways Act - The judgment discusses the definition of untoward incident under Section 123(c) of the Railways Act and the requirements for a person to be considered a bona fide passenger. It also highlights the importance of evidence and the Tribunal's power to assess the bona fides of a claim. The court's decision was influenced by the interpretation of the circumstances surrounding the death of the deceased and the applicability of the legal provisions to the facts of the case.
Fact of the Case:
The deceased, a passenger on a crowded train, fell and sustained fatal injuries. The claim for compensation was dismissed by the Railway Claims Tribunal based on the lack of evidence to establish the deceased as a bona fide passenger and the nature of the incident.
Finding of the Court:
The court found that the Appellants failed to prove that the deceased was a bona fide passenger and that his death occurred due to an accidental fall from the train. The court also noted the hollowness of the witnesses' statements and the lack of credible evidence to support the claim.
Issues: The issues revolved around establishing the deceased as a bona fide passenger and proving that his death resulted from an untoward incident as defined by the Railways Act.
Ratio Decidendi: The court's decision was based on the lack of evidence to support the claim, the hollowness of witness statements, and the nature of the incident as indicated by the post-mortem report and DRM's report.
Final Decision: The appeal was dismissed by the court due to the failure to establish the deceased as a bona fide passenger and the nature of his death as an untoward incident.
Mool Chand Garg, J.
This appeal has been filed by the Appellant who claims to be the dependents of the deceased assailing the impugned judgment dated 12.09.2008 whereby the Railway Claims Tribunal has dismissed the claim petition filed by the Appellants u/s 16 of the Railway Claims Tribunal's Act. By filing the claim petition the Appellants have claimed that on 26.05.2006 the deceased late Bharat Singh the husband of the first Appellant was going to his cousin's house at Meerut by Dehradun Express. The deceased was travelling on a valid purchased ticket from Delhi junction to Meerut City by Dehradun Express Train. He has boarded the train from Delhi Junction but as the train was over-crowded, the deceased could not pass the gallery of the train to get a seat/berth, and when the train reached near Bihari Colony, Shahdara the crowd pushed the deceased and the deceased could not control himself, and as a result thereof he fell down from the moving train and sustained fatal injuries. The post-mortem was conducted on the dead body of the deceased at GTB Hospital. Thereafter on 06.12.2006 the Appellants filed the claim petition claiming compensation of Rs. 5 lakhs from the Respondents.
2. The Respondents contested the proceedings by filing a written statement wherein apart from denying the allegations made in the claim petition they have contended, inter alia, that the alleged incident as narrated in the claim petition is not covered under the definition of untoward incident as defined u/s 123(c) of the Railways Act. They also pleaded that the deceased was not a bona-fide passenger.
3. On the basis of the pleadings of parties, issues were framed by the Tribunal and parties were put on trial. The Appellants examined Shri Jeet Singh applicant No. 4 who appeared as AW1 and one Ors. witness namely Shri Praveen Kumar was also examined as AW2, and have placed on record documents Ex.AW1/1 to AW 1/5. The Respondents Railway administration has not adduced any evidence either oral or documentary except placing on record DRM's report wherein it has been specifically stated that the deceased Bharat Singh was run-over by the train while he was crossing railway line. It has also been stated in that report that no ticket was found from his Jama Talashi and it was concluded that deceased Bharat Singh died due to his own mistake and carelessness
4. While deciding that the Appellants were dependents of the deceased, the Railway Claims Tribunal decided issues No. 2, 3 & 4 against the Appellants. The Railway Claims Tribunal made the following observations:
(i) Appellants have not placed on record either the original or copy of the railway ticket of the deceased, nor they have stated in the claim petition that the same has been lost during the course of the incident except that in the affidavit of AW1 it was stated that he could not find the belongings of the deceased which was supposed to be in possession of the deceased, namely, the pant, the purse, the cash, the journey ticket, the ring and one chappal, which the deceased was wearing. In column No. 11 of the claim petition which is meant for showing the details of the loss of any luggage on account of any accident, the Appellants have written 'NIL"
(ii) On the Ors. hand the DRM's report placed on record by the Respondents Railway administration shows that no ticket was found on the persons of the deceased during Jama Talashi.
(iii) As far as AW2 Praveen Kumar is concerned, it has been observed that he was the brother-in-law of the deceased. He being an interested witness, his evidence was scrutinized with care. It has been observed that the aforesaid witness stated on affidavit that on 25.05.06, the deceased Bharat Singh came to his residence and stayed overnight at his residence, and, that he was insisting upon his sister to go along with him to look after his wife, who was in the advance stage of pregnancy, and, he had declined the request of the deceased, and that thereafter in the morning, the
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