MOHDSAJJAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. The appellants-claimants filed a claim before the Railway Claims Tribunal invoking section 124-A of the Railways Act,1989 (hereinafter referred to as the said Act). The case made out by the appellants in the claim application is that they are the parents of one Samahul Haque who died in an accident. In the claim petition it is stated that deceased was travelling by a suburban local train from C.S.T to Ulhasnagar. He fell down from a running train between Dadar and Matunga Railway Stations at about 7.36 a.m.. He sustained injuries and ultimately succumbed to injuries. It is contended that the death has been caused due to an untoward incident within the meaning of sub clause 2 of clause (c) of section 123 of the said Act. It was contended that the deceased was holding a second class return ticket from Ulhasnagar to Matunga which was lost in the accident.

(2.) THE claim petition was contested by the respondent by filing a reply in which it was contended that the deceased was not a bona fide passenger as he was not holding a valid ticket. The respondent denied that there was any untoward incident. It was contended that the death was not due to accidental fall from the train, but in fact the deceased died while attempting to cross the railway tracks. The Railway Claims Tribunal found that the evidence of the witness examined by the appellants was inconsistent. The Claims Tribunal found that even the version of the witnesses regarding purchase of ticket was inconsistent. The learned Member of the Tribunal relied upon the inquest panchnama which records that the deceased was knocked down by the train while crossing the railway tracks. Therefore, it was held that the death on account of untoward incident was not proved and that the deceased was not a bona fide passenger. Therefore, the Tribunal dismissed the claim petition.

(3.) THE learned counsel for the respondent stated that the case of the loss of cash allegedly possessed by the deceased is inconsistent in as much as in the claim petition, the cash amount is stated to be a sum of Rs.1300/- and in the evidence it is stated to be Rs.3000/-. The appellants also examined another witness. The said witness is Sanjay Chakravarthi. Apart from the said witness, the appellants examined Smt.Sunanda Dinkar Gaikwad. The witness Sanjay Chakravarthi in his affidavit in lieu of examination-in- chief stated that he had seen the deceased purchasing tickets on 1st March 1998. He travelled with the deceased and his mother up to Dadar. In the affidavit in lieu of evidence of Sunanda Dinkar Gaikwad, the date of the incident has been mentioned as 3rd March 1998 instead of 1st March 1998. She stated that she had boarded the Ambernath bound train at C.S.T in ladies compartment. The deceased boarded the same train at Dadar who was carrying two baskets of fish. She stated that the said deceased boarded in the gents compartment. She stated that when the train reached Matunga, she heard a noise. There were shouts from co-passengers that a fish vendor has fell down. She collected the baskets of the deceased and handed over to his mother at Ulhasnagar.