IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay F.M.A 1023 of 2023 Fulan Devi & Anr.

-Vs-

Union of India For the Appellants/ : Mr. Saswata Bhattacharyya For the Respondents/ : Mr. Sukumar Bhattacharyya, Ms. Ashima Roy Chowdhury Heard on : 04.09.2024, 03.10.2024, 09.12.2024, 13.01.2025, 24.02.2025 Judgment on : 08.05.2025 Ananya Bandyopadhyay, J.:-

1. The instant appeal was heard earlier and judgment was reserved. However, the matter was listed under the heading “For Hearing” for further clarification.

2. The Learned Advocates representing the respective parties are present.

3. An application under Section 16 of the Railway Tribunals Act, 1987 read with Section 123 (C) (2) and 124A of the Railways Act, 1989 had been filed by the applicant claiming compensation for herself and her husband as dependants for the death of their son in an untoward incident which occurred on 26.05.2018.

4. On the aforesaid date the victim Sonu Kumar was travelling from Durgapur Railway Station to Jasidih Junction R/S via Asansol Junction R/S by train which was overcrowded. By the impact of a sudden jerk in the motion of the train the victim fell down and died on the spot. The dead body of the victim remained unattended for a considerable period of time and the same was noticed at about 14.35 hrs.

5. Subsequently, the Railway Memo was issued to the I/C/GRP/Asansol and I/C/RPF/Asansol and a U/D case being No. 33/18 dated 26.05.2018 was registered by the Asansol G.R P.S. The applicant-claimants claimed the victim to have been a bona fide passenger of the aforesaid train possessing 2nd Class valid railway ticket bearing No. UTE 26857375 and UTS No 40LYC3J201 dated 26.05.2018 and the said ticket was seized by the Asansol G.R.P.S. along with one money bag containing i) cash Rs.420/- ii) one Addhar card in the name of Sonu Kumar and iii) one identity card of Narayan Yadav Inter College in the name of Sonu Kumar and one mobile phone. Thereafter the said original ticket along with other seized documents and articles were handed over to the victim family member with proper formality.

6. The enquiry report (DRM Report) in respect of untoward incident pertaining to RCT/Kolkata Case No. MA/55/2019 reflected the brief facts and enquiry of RPF stated as follows:

“Brief Facts: Post Commander/Barachak has submitted a report of Untoward Incident that on 26.05.2018 after getting information from on duty Dy.SM/Barack vide memo/no. SM/BCQ/03/05/18 dated 26.05.2018 regarding one dead body unknown male person aged about 35 years was lying in between Km. no 216/05-07 ε 216/5A- 2016/7A between P/L No.1 and UP/L No. 2 as reported by driver namely D.D of UDL of train no. 31621 of ICDN. Immediately officers and staff of RPF/Post/BCQ GRPS/ASN attended at the spot when found one unknown male person aged about years lying in between Km. no 216/05-07 and 216/5A-2016/7A between P/L No.1 E UP/L No. 2 during search the dead body when one Railway journey ticket no. 268575 from Ex DGR to JSME with one Adhar card no. 640120140238 in the name of Sc Kumar was found from the possession of the deceased. After all formalities the dead body removed from the spot and sent to S.D.Hospital/Asansol for post mortem. In this reg: GRPS/ASN registered a U.D Case vide no. 33/18 dated. 26.05.18. The deceased person was identified as Sonu Kumar s/o Bramdeo Yadav of Vill-Mahamadpur, P.O- Bhagalpur Tarapur, Dist. Munger/Bihar.

Enquiry by RPF

1) During enquiry, E.O of the case collected station memo, Form-1, prepared Forn also collected relevant documents related to UD case from GRPS/Asansol.

2) During enquiry E.O of the case recorded the statement of Sri Deo Ranjan Kun on duty Dy.SM/BCQ in which he stated that on 26.05.18 he was picked up his duty fr 09.00 hrs to 17.00 hrs and during his duty period one Railway driver of E/ICDN-316 namely D.Das informed that one unknown male person aged about 35 yrs is lying dead between UP/L-1 & 2 at KM/No.