KISAN AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed questioning validity and legality of the Judgment and Order dt.4.5.2011 passed by the Railway Claims Tribunal, Nagpur Bench in Claim Application No.OA(IIu)/NGP/2010/0056. The learned Railway Tribunal was pleased to dismiss the Claim Application finding that the applicants failed to prove the untoward incident, in which Parmeshwar Kisan Ingle lost his life, on the ground that there was no evidence as to bona fide passenger in favour of said Parmeshwar Kisan Ingle. The claim was dismissed.

(2.) Heard the learned Counsel for the applicant/claimant. The learned Counsel invited my attention to the report from the Office of Divisional Railway Manager (Mandal Rail Prabhamdak, Bhusawal) who reported the untoward incident to the Presenting Officer in Railway Claims Tribunal, Nagpur. According to the report itself, it was informed that Parmeshwar Kisan Ingle, aged about 21 years r/o. Awadh Bu, Tq. Nandura, District Buldhana was travelling by Train No.1040 UP Kolhapur Maharashtra Express. According to the Accident Summary Report, Assistant Police Inspector stated that the deceased was standing inside General Coach of Train No.1040 Maharashtra Express. At that time, when the train started, he lost his balance and fell down and ran over by the said train. This report in the record and proceedings is marked as A37 and statement made by the copassenger of the deceased is marked as A54 in the record and proceedings. Both of them read together would indicate that deceased Parmeshwar Ingle and Shridhar Murlidhar Unale had purchased Railway ticket for Maharashtra Express 1040 Up while they travelled together. Parmeshwar was at the door in the General Compartment of Maharashtra Express and was travelling as a standing passenger. When the train started, he lost his balance and fell down from the running train and died. The learned Counsel for the appellant submitted that there was evidence of Kisan Dattu Ingle father of deceased who also deposed about memo from Station Master to the Railway Police Station, Jalam. Inquiry made by police. Cause of death of said Parmeshwar was mentioned as a result of hemorrhage with cardio respiratory failure. All the police papers including Report of accident u/s.174(1) of Cr.P.C. dt.2.1.2010 along with spot panchanama, inquest, post mortem report, death certificate etc. and also evidence of AW2 Shridhar Murlidhar Unale indicated that seven persons had boarded the train and single ticket was purchased for seven passengers. Train had started when Parmeshwar leaned out from the door, his hand slipped from the handle of the train and he fell down. Assuming that Parmeshwar was negligent while standing near the door of General Compartment, one cannot overlook the fact that General Compartments of trains are normally crowded.

(3.) In Jameela and Others vs. Union of India, 2010 ACJ 2453, Hon'ble Supreme Court considered accidentally falling of passenger from train as an untoward incident. Even assuming that deceased fell down due to his own negligence, it cannot be blameworthy like a criminal act so as to attract exceptions to exonerate the Railway Administration. In such cases also, Railway Administration is liable to pay compensation. Thus, Railways cannot escape liability on the ground that deceased was travelling in negligent manner while standing at the door of the Compartment and he fell down. Liability upon the Railway Administration in such cases is strict liability to pay compensation unless Railway Administration adduce specific evidence to substantiate any exception available to it to exonerate itself from liability to pay compensation.