The court affirmed the applicability of strict liability in railway accident claims, establishing entitlement to compensation under the Railway Act for the dependents of a passenger who suffered fatal injuries.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard learned counsel Mr. J. Mollah for the appellants and learned counsel Mr. H. P. Gowala on behalf of learned Standing Counsel Mr. B. K. Das for NF Railway.

2. The gist of the case is that on 21.02.2016 the appellant’s father late Abdul Sattar was travelling from Badulipar Halt to Jorhat Railway Station with valid railway journey ticket by up Intercity Express. During the course of his journey, unfortunately Abdul Sattar accidently fell down from the running train at platform No.1 Barua Bamun Gaon Railway Station. As a result, he sustained grievous injuries and was shifted to Community Health Centre Dergaon with the help of an ambulance (108). Later on he was shifted to Jorhat Medical Hospital but finally he was shifted to Assam Medical College Hospital for better treatment but, unfortunately he succumbed to his injuries on 28.02.2016.

3. In this regard Furkatting GRP OP GD entry no. 317 dated 21.02.2016 was registered. The appellants filed claim application no. O.A.II U-72/2018 under Section 16 of the Railway Claims Tribunal Act, 1987 for compensation of Rs. 10,00,000/- under Section 124 /124 A of Indian Railways Act, 1989 on account of death of late Abdul Sattar, but unfortunately after hearing both the parties the Railway Claims Tribunal dismissed the claim application vide impugned judgment and order dated 23.09.2019. Aggrieved by the judgment and order the appellants are before this Court.

4. It is contended by the learned counsel for the appellant that issue no. 2 was erroneously decided and is bad in law as wrong provision of law was applied. It is submitted that the correct definition is under Section 123 (c) of the Railways Act. It is submitted that the learned Tribunal has ignored the fact that GD entry was registered and has decided this case against the claimants. As per the definition of section 123(c) of the Railways Act, it was an untoward incident and claimants are entitled to compensation under section 124 (A) of the Railways Act. The Annexure-1 of the petition clearly reflects that “one unknown male person, aged about 55 years, fell down from 15717 Up running Intercity Express train at 22.03 hrs. of Platform No-01. Call for 108 and admit to Dergaon Hospital. Thereafter, the FKG GRP OP- GD entry No. 317 dated 21.02.2016 at 10.40 PM was registered”.

5. The deceased was forwarded for treatment and a copy of the requisition is marked as Annexure-2 of the petition. The deceased was forwarded by the In- Charge of Furkatting GRP/OP to the C.H.C. Dergaon. Thus, no further police report is required to ascertain the untoward incident and this cannot be considered to be a case with malafide to extract Government money by way of compensation. The Annexure-5 series is the police report and translated copy of the GD entry and the Annexure-4 is the journey ticket.

6. It is submitted that the minor children are dependents and they are suffering immensely. This is a beneficial legislation and it has to be proved on the touchstone of preponderance of probability. It was successfully proved but the learned Tribunal erroneously ignored the submissions on behalf of the claimants.

7. Per contra, the learned counsel for the Railways laid stress in his argument that the impugned judgment and order warrants no interference as there is no infirmity in the judgment and order of the Railway Tribunal, Guwahati Bench. It is submitted that a copy of the ticket was furnished. As the ticket was not produced initially, the case is without a basic foundation.

8. Now the point for determination is that whether the Railway Tribunal has erred in dismissing the claim.

9. In this case