T. BEESHMACHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 24.02.2015 passed in OA(II-U) 337/2013 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimants are the appellants and the Claim Petition under Section 16 of the Railways Act was filed based on the incident as narrated in the application which reads as under:

(3.) The F.I.R. was registered, Inquest Report filed and thereafter, Final Report filed. Based on the F.I.R and the Inquest Report, the learned counsel appearing on behalf of the appellants reiterated that the accident occurred due to fallen down from the running train. The deceased sustained fatal injuries and died. The Divisional Railway Managers' [DRM] Report was filed after a prolonged period and the learned counsel for the appellants made a submission that as per Rule 7 of Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003, the Divisional Railway Manager is bound to conduct statutory enquiry and submit his report within a period of 60 days. However, in the present case, the report was submitted after a lapse of about 2 years and therefore, the said report cannot be relied upon by the Tribunal for the purpose of rejecting the application.