: This appeal has been preferred against the judgment
dated 6th March, 2013 passed by Railway Claims Tribunal, Ranchi
Bench in connection with Case No.OA (IIU)/RNC/2007/0078,
whereby the claim application filed by the appellant/claimant
has been dismissed.
The appellant has assailed the impugned judgment on the
ground that the Tribunal has formed its opinion only on surmises
and conjectures. No evidence by the respondent was led that
the deceased died in course of crossing railway track. On the
basis of final report submitted by GRP, Burdwan, purely based on
presumption, that the deceased might have sustained injury in
course of crossing railway track is no ground to reject the claim
application. Learned Tribunal has decided Issue No.1 in favour of
the appellant that the deceased was having valid ticket in his
possession, which strongly supports a fact that the deceased
was travelling from Bandel to Burdwan on 28th June, 2007.
On the other hand, counsel for the respondent has
opposed the argument advanced on behalf of the appellant.
The fact, in brief, is that on 28th June, 2007 the deceased
boarded in a local train for going to Burdwan station. Due to rush
in train, he fell down near Burdwan Railway Station and was
caught under the wheels and died instantly. After the death of
the deceased all formalities were completed and the railway
ticket was seized from the pocket of the deceased. The
appellant, who happens to be the father of the deceased
Kailash Kumar Pandey, had filed application for grant of
compensation on 7th December, 2007, but it was rejected and
hence this appeal.
2
I have gone through the impugned judgment from which
it appears that the Tribunal has held that the deceased was a
bona fide passenger and he was having valid ticket. The
witnesses examined on behalf of the claimant have stated that
the deceased was travelling from Bandel to Burdwan and due to
pushing and pressing in the train, he fell down and was caught
under the wheels and died.
Learned Tribunal relying on the postmortem report has
formed its opinion that the death did not occur on 28 th June,
2007, rather it occurred on 29th June, 2007, though no evidence
whatsoever was led by the RespondentRailway. Likewise GRP,
Burdwan though submitted final report, but they have not
examined any witness on the point that the deceased died in
course of crossing railway track, rather it was a presumption.
I do not find that the discussions and reasonings given on
Issue No.2 in the impugned judgment are tenable and,
therefore, the same stand set aside.
Since the deceased was having valid ticket and dead
body was found on railway track near Burdwan Railway Station,
which was the destination of the deceased, I hold that the
deceased died in course of travelling in the train and the
incident comes under the purview of Section 123(c) of Railways
(Amendment) Act, 1994. The claimant/appellant is entitled to
receive compensation amount of Rs.4.00 lacs as per ScheduleIII
of Railway Accident Compensation Rules, 1990. In the result, the
respondent is directed to pay Rs.4.00 lacs with interest @ 6% per
annum from the date of filing of the claim application i.e. 7th
December, 2007 till realization of the said amount.
The RespondentUnion of India through the General
Manager, Eastern Railway, Kolkata is directed to satisfy the
awarded amount within 90 days from the date of this order.
(D. N. Upadhyay, J.)
Sanjay/