UNION OF INDIA Vs. SHYAMA PANDEY

JUDGEMENT

(1.) Heard Sri Anil Kumar Srivastava, learned Counsel for the Appellant, Sri Rajendra Jaiswal, learned Counsel for the Respondents and perused the record.

(2.) The brief facts, giving rise to the present appeal, are that one Anand Kumar Pandey, aged about 20 years, an agriculturist as well as student, was travelling in Train No. 3010 Dn Dehradun-Howrah express on 29.5.1999 after purchasing the second class ticket from Lucknow in order to reach Shahganj. When the train reached near railway station Rudauli, the deceased accidentally fell down from the train and sustained grievous injuries, as a result of which, he died at the spot. The mother of the deceased approached the Tribunal for payment of compensation under the Railway Claims Tribunal Act (in short 'Act').

(3.) Written statement was filed by the Railway with the plea that it is not a case of accidental fall. The plea was also taken by the Railway that the deceased jumped from the moving train and succumbed to injuries. The Tribunal framed the issues with regard to accident and payment of compensation. The Tribunal recorded the finding that it is a case of accidental death and on account of sudden jerk and jolt, the deceased fell down from the open gate of the train. The Tribunal has further recorded the finding that the deceased had purchased the ticket from Lucknow in the presence of Ram Shabad Pal in order to reach destination. Ram Shabad Pal had deposed before the Tribunal that the deceased had purchased the second class ticket. He was duly cross examined by the Appellant-railway but according to Tribunal, no major contradiction comes out from his statement. The Tribunal further held that the mother of the deceased Smt. Shyma Pandey has deposed that when the train was running near Rudauli railway station, the deceased accidentally fell down as a result of sudden jerk and jolt of the train. A detailed account of the accident was given in the affidavit of the mother of the deceased. However, the Railway's counsel has not cross-examined the witness Smt. Shyama Pandey and the affidavit filed by her is un-controverted. The testimony of Smt. Shyama Pandey has been corroborated by the affidavit of Ram Shabad Pal, in whose presence the ticket was purchased by the deceased.