UNION OF INDIA Vs. MANGALABAI

JUDGEMENT

(1.) This appeal is preferred against the Judgment and Award, dt.28.9.2011 delivered by the learned Member (Judicial) of the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.200/OAII/RCT/NGP/2008 whereby compensation was awarded in the sum of Rs.4,00,000/ along with interest @ 6 % p.a. on the amount of compensation awarded from the date of order till realisation.

(2.) The facts, briefly stated, are as under :

(3.) The learned Member of the Tribunal found that all the claimants were dependents of deceased Manohar Darunde and the deceased died as a result of an untoward incident while he was travelling by Nagpur Bhusawal passenger train on 27.3.2008. It is also argued on behalf of the appellant that, at the time of preparation of spot panchanama, the deceased passenger had no journey ticket on his dead body. However, it appears that the claimants had led evidence of Nathuji Bhasme (AW2), who deposed that the deceased had purchased railway journey ticket and also the fact that there was heavy rush in the Nagpur Bhusawal passenger train when the said train came to Sindhi Railway Station and Manohar had boarded it and was required to stand in the doorway. The learned Member observed that the evidence of Nathuji (AW2) went unchallenged on record. The appellant tried to make capital of the statement of one Raju Darunde on the ground that one Karanji Bhoge had informed him that Manohar committed suicide. Such a statement, to my mind, is in the nature of hearsay evidence, without examination of witnesses concerned, which cannot help the Railways to escape the liability to compensate for the untoward incident. The contention that deceased Manohar was travelling by standing in the doorway and was responsible for his own death also is not acceptable bearing in mind the fact that when Nagpur Bhusawal passenger train came on the station, it was crowded with passengers and Manohar was compelled to stand in the doorway. Under these circumstances, the learned Member rightly observed about the possibility of the railway journey ticket getting misplaced or lost in the overcrowded compartment. In the facts and circumstances of the case, when a passenger, after having purchased railway journey ticket, was required to stand in the doorway because of the compartment being overcrowded with passengers, mere fact that the journey ticket was not recovered from the dead body, under such circumstances, cannot be construed in favour of the railway administration to absolve it from liability to make payment of compensation, which was statutorily required to be paid.