NEKSI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) (Oral) 1. These are three connected appeals. Three connected claim petitions were dismissed by the Tribunal. Three claim petitions were filed because with respect to the three persons there was a common accident. Out of the three persons two persons died, namely Sanjay and Rohit and whose legal heirs have filed appeals being FAO No. 130/2012 and FAO No. 131/2012. Third person, namely, Ravi did not die in the accident unlike Sanjay and Rohit but he suffered grievous injuries including fracture of his leg and he has filed the appeal being FAO No.132/2012.

(2.) THERE is strong evidence on both sides in these cases and which really makes the fate of these cases hang in balance. On the one hand statement was made by Ravi immediately after the accident of his having fallen from the concerned train, with the fact that the monthly season ticket of Sanjay was recovered from the search of his person showing possibility of a train travel, on the other hand, the respondent/Railways had also led credible evidence in the form of the statement of the Gateman at the Phatak where the accident took place stating that the accident took place not on account of a fall from the train but these three persons were pushing a goods carrier being a Tempo/Vikram auto and though they were successful in pushing away the Vikram auto from the tracks, the three persons were hit by the train and which resulted in the accident. The statement of the gateman Sh. Tek Chand is corroborated by an independent witness Sh. Naresh Kumar, whose wooden kiosk was located immediately adjacent to the railway phatak.

(3.) IN my opinion, crucial evidence in this case, and which may in fact would have a very definitive effect for deciding the cases will be the statement of the auto driver of the goods carrier/Vikram auto. This auto driver ran away from the spot after the Vikram auto over turned due to the accident. Unfortunately, none of the parties summoned this auto driver and who would have given the best evidence as to whether the accident took place on account of the falling of the three persons from the train or that these three persons were in fact pushing the auto. Fortunately, the registration number of the auto is on the record of the Tribunal and which is DL 1LL 7522.