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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Mahesh Sah, S/o Late Mohan Sah – Appellant
Versus
Union of India through the General Manager, Eastern Railway, Kolkata having – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
1. The appellant is in appeal under Section 23(1) of the Railway Claims Tribunal Act, 1987 against the judgment and order passed by Railway Claims Tribunal, Ranchi in Case No. OA (IIU)/RNC/97/2017 dated 18.06.2019, whereby and whereunder, the claim application for compensation on account of death of Applicant wife Hava Devi has been dismissed.
2. As per the case of the appellant, on 08.11.2016 the deceased Hava Devi, after purchasing second-class ordinary ticket bearing no. 58844847 boarded Dhurian passenger train at Sabour Station for Sahebganj Junction along with her son Arvind Kumar Sah(co-passenger). There was huge rush in the train because of Chhat puja and the boggie was overcrowded, the deceased was pushed near the opposite gate. The train suddently accelerated its speed and due to sudden jerk she fell down near Racksy Sthan, where another train UP Sahibganj-Danapur Intercity Express dashed her.
3. The G.R.P.S/Mirzachouki lodged U.D. Case No. 07/2016 on 08.11.2016 and after enquiry, final report was submitted stating that the deceased died due to an accidental fall from the train.
4. From the side of the appellant, two witnesses A.W.1 and A.W
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
The court established that minor discrepancies in documentation do not negate a claim for compensation under the Railways Act when substantial evidence supports the claim of an untoward incident.
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