PARVEEN SHARMA AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) CM Appl. No.16960/2014 (for condonation of delay) Delay in re-filing the appeal is condoned. Application is disposed of.

(2.) Following issues were framed by the Tribunal:-

(3.) Appellant no. 1 examined herself as AW-1. She also proved certain documents as Ex. AW1/2 to Ex. AW1/21. As against this, respondent examined Shri Ram Singh as RW-1 and driver of the train Shri Bhola as RW-2. Documents were proved as Ex. R-1 to Ex. R-4. Tribunal heard counsels for the parties and perused the record and has concluded that deceased was not a bonafide passenger of Kalka Mail train. Tribunal observed that in the application, it was alleged that deceased along with appellant no. 1 was travelling from Amritsar to New Delhi. Tickets were issued at Amritsar on 31st August, 2011 at 19.05 hours. Distance between Amritsar to New Delhi is about 449 kms. Deceased had not boarded Kalka mail at Amritsar. There was no occasion for the deceased to break the journey at Sonepat which was hardly 45 kms from Delhi. No satisfactory explanation was given as to why deceased was boarding Kalka Mail train at Sonepat. Though AW 1 claimed that she along with deceased got down at Sonepat due to heavy rush but the fact remains that deceased could not have broken the journey, in order to change the train at Sonepat, which is hardly 50 kms away. Even otherwise, facility of breaking the journey at Sonepat was not available to a passenger since as per the rules, journey can be broken only after 500 kms. Tribunal has further noted that AW-1 had admitted in her cross-examination that they had travelled in the train from Amritsar till Sonepat by sitting in a compartment. If that is so, there was no occasion for breaking the journey at Sonepat. RW-1 and RW-2 testified that deceased jumped before the Kalka mail when the train arrived at the platform. He jumped before the engine and died. As per the DRM s report Ex. R-1, deceased had suddenly jumped in front of the engine. Driver of the train informed this fact to Station Master as also to Guard on walky-talky. RW-1 had deposed that driver of the train informed him through walky-talky about this fact. On the basis of this information, memo Ex. R-2 was issued to Inspector, GRP. RW-2 Shri Bhola Manjhi, Driver of the train also deposed that when train arrived at Sonepat at 5.20 hours at platform he noticed one man jumping before the engine in front of ASM s office. RW-2 made an entry in this regard in driver s note book Ex. R-4. As per the report of Inspector, GRP, Ex. R-1 also deceased had jumped on the tracks in front of the engine of Kalka mail, in order to commit suicide.