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2024 Supreme(Online)(RCT) 635
RAILWAY CLAIM TRIBUNAL - DELHI
Kanwaljit Singh Ahluwalia, Chairman
Krishan Pal Singh – Appellant
Versus
Union of India – Respondent
OA/II(U)/DLI(LKO)/94/2020 | OA/IIU/DLI(LKO)/1065/2016 | OA/IIU/DLI(LKO)/1066/2016 | OA/IIU/DLI(LKO)/1067/2016 | OA/IIU/DLI/1038/2021 | OA/IIU/DLI(LKO)/95/2020
For the Appellants/Petitioners: NK Gupta
For the Respondents: Mukesh Kumar, Saurabh Gupta
In compensation claims under the Railways Act, when medical evidence of identical, severe injuries on multiple victims and eyewitness testimony of intent suggest suicide, the burden on the applicant to prove an accidental 'untoward incident' is not met, rendering the claim untenable.
Headnote:(A) Railway Claims Tribunal Act, 1989 - Section 16 - Railways Act, 1989 - Sections 123(c)(2) and 124-A - Untoward incident - Claim for compensation due to death in rail incident - Onus of proof on applicant - When multiple deaths occur in a single incident, consistency of injuries (such as decapitation of multiple persons at identical body sites) and surrounding circumstances strongly suggest suicide rather than accidental fall from train - Judicial notice taken of unnatural consistency of injuries as evidence contrary to the claim of an untoward incident. (Paras 1, 19, 21)
(B) Evidence - Burden of proof - Initial burden on claimant to establish deceased was a bona fide passenger - Absence of record of travel tickets, lack of corroboration, and testimony revealing potential motive for self-destruction shift the balance against the claim of an accidental death in an untoward incident. (Paras 13, 15, 19)
Facts of the case:
Claims were filed for the deaths of three individuals who allegedly fell from a train and died in an untoward incident. The respondent contested the claims, arguing that the deaths were in fact cases of suicide. Testimony revealed underlying family discord and a history of personal tragedy, with witnesses stating the deceased had expressed an intent to end their lives. Records showed that bodies were found with identical, severe injuries, and no evidence supported the existence of valid travel tickets.
Findings of Court:
The Tribunal found that the claim was devoid of merit. The medical evidence showing uniform, catastrophic injuries across all three victims was inconsistent with an accidental fall. Combined with the testimony of family members regarding the deceased's state of mind and intent, the Tribunal concluded that the deaths resulted from suicide, not an untoward incident, and the deceased were not established as bona fide passengers.
Issues: Whether the deceased were bona fide passengers and whether their deaths occurred as the result of an untoward incident under the relevant statute, or whether the deaths were the result of suicide.
Ratio Decidendi: When the medical evidence, specifically the uniformity of severe trauma across multiple individuals, contradicts the theory of an accidental fall, and eyewitness testimony establishes a clear motive and intent to commit suicide, the burden of proof to establish an 'untoward incident' is not discharged. Claims under the Railways Act fail where circumstances conclusively point to suicide.
Result: Claim applications dismissed.
| Table of Content |
|---|
| 1. procedural consolidation and initial framing of issues in connected claims. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. interlocutory orders regarding additional evidence and consolidation of trials. (Para 10 , 11 , 12) |
| 3. evaluations of witness testimony concerning motive and circumstances of death. (Para 13 , 14 , 15 , 16 , 17) |
| 4. assessment of medical evidence to refute claims of accidental death. (Para 18 , 19 , 20 , 21 , 22) |
| 5. formal dismissal of claims concluding absence of untoward incident. (Para 23 , 24) |
J U D G M E N T
Kanwaljit Singh Ahluwalia, Chairman :-
1. Krishan Pal Singh filed three claim applications before the Lucknow Bench of the Tribunal praying therein that on 23rd May 2016, Munesh wife, Dheeraj son and Luna daughter died in an untoward incident. It was pleaded in all the three claim applications filed under Section 16 of the Railway Claims Tribunal Act that all the three deceased accidentally fell down from the train near Shamli railway station and received serious injuries, as a result of which, Munesh wife, Dheeraj son and Luna daughter died. In respect of the death of Munesh wife, a claim application bearing number OA/IIU/DLI(LKO)1065/2016 on 22nd December 2016 was filed at RCT, Lucknow. Similarly, the claim application bearing number OA/IIU/DLI(LKO)1066/2016 was also filed on 22nd December 2016 before the Lucknow Bench for the death of Luna, daughter of the applicant. A third claim application bearing No. OA/IIU/DLI(LKO)1067/2016 was filed by the applicant also on 22nd December 2016 at Lucknow Bench praying therein that for the death of Dheeraj, son of the applicant, compensation be awarded. In all the three claim applications, it was a common case of the applicant that Munesh wife, Dheeraj son and Luna daughter had fallen on 23rd May 2016 near Shamli railway station. It was also averred in the claim application that second class railway tickets qua all the three deceased i.e. Munesh, Dheeraj and Luna are in the custody of the police.
2. Notices of the claim application in all the three claim applications were issued. The respondent in all the three cases took a common stand that from the nature of injuries, it is apparent that it is a case of suicide. In the case of Munesh, wife of applicant in OA/IIU/DLI(LKO)1065/2016 on 26th October 2017, a Division Bench of the Lucknow Bench of the Tribunal had formulated the following issues:-
“1. Whether the Deceased was a bonafide passenger of the train in question?
2. Whether the incident of death of the deceased falls under the ambit of an untoward incident as defined U/S 123(c) (2) read with Section 124-A of Rlys. Act, 1989?
3. Whether the applicant is only dependant of the deceased?
4. To what Relief?”
3. In the case of death of Munesh, upon show cause notice issued on 17.12.2019, on 21st January, 2020, Shri NK Gupta, on 21st January, 2020 filed his vakalatnama and prayed that original claim application because of change of territorial jurisdiction be transferred to Delhi Bench of the Tribunal. The said request was accepted and the claim application was registered at Delhi Bench and was assigned OA/IIU/DLI(LKO)/94/2020. Similarly, the claim application filed in respect of Luna, daughter of the applicant, on 21st January 2020, upon a request made by Shri NK Gupta, was also transferred to Delhi Bench vide registration number OA/IIU/DLI(LKO)/95/2020. On 5th March 2021, the claim application filed qua the death of Dheeraj, son of the applicant was transferred to Delhi Bench of the Tribunal and was assigned OA/IIU/DLI/1038/2021.
4. In the case pertaining to the death of Dheeraj, the Lucknow Bench of the Tribunal, on 20th September 2018, had drawn the following issues:-
“1) Whether the deceased was a bona fide passenger of the train in question?
2) Whether the incident of death of the deceased falls under the ambit of an untoward incident as defined under Section 123(c) read with Section 124-A of Railways Act, 1989?
3) Whether the applicant is
