Rajpati & Ors. v. Union of India

1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Railway Claims Tribunal dated 15.3.2012 which had dismissed the claim petition.

2. The facts of the case are that the deceased Sh. Ved Pal was the husband of the appellant no.1/applicant no.1 and who died in an untoward incident by falling from a train on 29.1.2011 while travelling from Panipat to Narela.

3. The fact that the deceased was a bonafide passenger cannot be disputed because during the jamatalashi/search of the person/body of the deceased, a railway journey ticket bearing no. 69289007( Ex.AW1/6) of 2014:DHC:1475 travel from Panipat to Narela was recovered. Therefore, the deceased clearly was a bonafide passenger.

4. The Railway Claims Tribunal has dismissed the claim petition simply on the ground that the body of the deceased Ved Pal was found in a cut up position and which shows according to the Tribunal that the deceased was run over by a train.

5. The conclusion of the Railway Claims Tribunal is clearly erroneous because even the written statement of the respondent/Railways does not show that there was any pleading that the death in question was because of running over by a train.

6. It is further required to be noted that it is not as if that the place of incident/accident/death is either near to the place of residence of the deceased or near the place of the work of the deceased. Therefore, once there is a valid journey ticket found of the date of the incident from the body/person of the deceased during the jamatalashi/search, the same would only be because the deceased was travelling by a train and from which he fell.

7. No doubt, the body is found in a cut up position, however, it is not inconceivable that while falling from the train, the deceased could have got entangled in the steps and the wheels of the same train in which he was travelling and surely which type of incidents are not unknown. Therefore, the Tribunal cannot only on the ground that the body of the deceased was in a cut up condition hold that the case was a case of run over and not of falling from a train.

8. I may note that the liability of the Railways under Section 123(c) read with Section 124-A of the Railways Act, 1989 is a strict liability. Once the deceased with a valid train ticket is found on the railway track, and which is not near the place of residence or the place of work of the deceased, onus of proof shifts upon the Railways to show that the deceased was not a bonafide passenger travelling on the train. This onus in my opinion Railways has miserably failed to discharge because the admitted facts are that the deceased body was found lying on the tracks much away from a place where the deceased was expected to be ie in a place which is found between the travel from Panipat to Narela Railway Station and for which travel the train ticket was found on the body/person of the deceased.

9. In view of the above, the appeal is allowed. The impugned judgment of the Railway Claims Tribunal dated 15.3.2012 is set aside. Claimants will be entitled to statutory compensation of Rs.[4] lacs alongwith interest at 7 ½ % per annum simple from the date of filing of the petition till the date of payment. Payment to the claimants will be deposited in a nationalized bank and the Bank Manager will ensure that the payment of the compensation is received directly only by the appellants/applicants. So far as appellants no.2 to 4 who are minors is concerned, their 1/4th share each will be put in a fixed deposit in a nationalized bank and only interest will be used for the benefit of the minors. The amount be released to appellants no.2 to 4 on their becoming majors. If otherwise there is any need for lumpsum amount by the applicants/appellants no. 2 to 4, they can on an urgent necessity arising approach the Tribunal for lumpsum payment(s) out of the fixed deposits.

10. The appeal is accordingly allowed and disposed of, leaving the parties to bear their own costs.

MARCH 18, 2014 VALMIKI J. MEHTA, J. ib