UNION OF INDIA Vs. RAM PRASAD MISHRA

JUDGEMENT

(1.) Heard Shri Anil Srivastava learned Counsel for the petitioner and Shri R.K.S. Chauhan learned Counsel for the respondents.

(2.) One Shri Shirish Mishra was travelling from Aligarh to Kanpur on 27.4.2003 by 5622 North East Express with a second class journey ticket. It was stated before the Tribunal that Shri Shirish Mishra had gone to Aligarh from Kanpur to appear in the examination. After arrival to Aligarh deceased came to know that his examination has been cancelled by the authorities, hence he came to Aligarh Railway Station for the onward journey to Kanpur. It has been stated that the deceased purchased the ticket and then came to platform to board the North East Express. When he was boarding the train, because of sudden jerk fell down accidentally and died on the spot. Inquest report was prepared and postmortem was conducted. The father of the deceased approached the Tribunal for payment of compensation. Before the Tribunal one Shri Girish Babu appeared and stated that on 27.4.2003 the deceased purchased the ticket of second class for return journey from Aligarh to Kanpur Central and boarded the train No. 5622. It has been stated that Shri Girish Babu had gone to see of the deceased in whose presence he has purchased the ticket. From the inquest report it reveals that from the body of deceased an identity card with the name and photo, one titan watch, Rs. 300 and journey ticket No. B 5498293 was recovered along with other items. The ticket recovered from possession of the deceased was one for journey from Kanpur to Aligarh. However, ticket alleged to purchase by deceased for his return journey from Aligarh to Kanpur could not be recovered. It was pleaded that after falling down from the train the ticket must have been lost. Shri Girish Babu, the witness asserted that ticket was purchased by the deceased and stated that he has seen the deceased at the time of purchase of ticket.

(3.) On behalf of the appellant respondents defence taken is that the deceased was having no ticket and he has never boarded the train North Eastern Express. It has also been stated that the head of the deceased was separated from his body hence it is not a case of falling down from the train. The deceased suffered injury while crossing the railway line in between the bogies just adjacent to break van. It has also been stated that the report of the Station Master is of at 08.45 am and departure time of the train is at 08.47 am. The report shows that the deceased died on the spot because he was crossing the railway line. One Shri R.K. Tewari CMI/NCR filed his personal affidavit along with annexure. On the perusal of the annexure it appears that Shri Prem Chand guard of the train has informed the Station Master that a person was run over by the brake van of the train in question. This witness of the respondents could be a material witness who has seen the occurrence but he was not produced by the appellant to narrate the incident with opportunity to cross examine. The Tribunal held that in case Shri Prem Chand guard was eye witness then he should have been produced by the appellant so that dependent of the family could have get opportunity to cross examine him.