GANESH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed by the parents of one deceased, Shubham Ganesh Waghmare under Sec. 23 of the Railway Claims Tribunal Act, 1987, read with Sec. 96 of the Civil Procedure Code, 1908. The appellants herein had filed a claim for grant of compensation on account of death of their son Shubham in a purported untoward incident on 24/7/2016. The claim of the appellants was rejected by the Railway Claims Tribunal, Nagpur, by judgment and order dtd. 13/7/2018.

(2.) Earlier on 25/7/2016 at 06 : 50 hours, the Loco Pilot of Train No. 51195 Wardha - Ballarshah passenger had informed the Deputy Station Superintendent of Wagholi Railway Station on walkie-talkie that one dead body of an unknown person was lying at KM No. 784/04 near DN track, Wagholi yard. After getting the said information, he had made an entry of the said incident in the Station Master's diary and also informed the Deputy Station Superintendent, Wardha railway station, through railway auto phone. Thereafter, Railway Police Force/Personnel visited the incident spot where a crowd of people had gathered. The father of the deceased who being the resident of a nearby village had also come there, and identified the body stating that the dead person was his son Shubham Ganesh Waghmare. The inquest panchnama was conducted and it is stated therein that the head was broken by the impact of railway, left and right legs were amputated below the knee. Thereafter, the body was sent for postmortem and the postmortem report in Columns 16 to 18 confirmed the same. The conclusion drawn by the police authority is that the deceased was grievously injured at the head and his legs were amputated due to being run over by the train, while crossing the railway track. The spot panchnama, as well as the inquest panchnama recorded that nothing was found in the personal search of the deceased and that nothing including any ticket had therefore been seized by the Investigation Officer.

(3.) The appellants claimed that the deceased was travelling from Wagholi to Hinganghat by an unknown train on 24/7/2016, after purchasing a valid and proper journey ticket at Wagholi railway station.