UNION OF INDIA Vs. ASHOK SHANKAR SARKALE

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India is filed on behalf of Union of India through the General manager, South Central Railway, Secunderabad (A. P.) challenging the legality and validity of the order dated 30th September, 2003, passed by the District Consumer Disputes Redressal Forum, Latur, in L. D. F. No. 32 of 2003, whereby while allowing the said complaint, the District forum directed the petitioners to pay an amount of Rs. 4,05,000/- as compensation to the respondents along with Rs. 1,000/- towards the costs of the petition within one month from the receipt of copy of the order. Out of the said amount, 1/5th of amount each is directed to be deposited in the names of minors, complainant Nos. 3 to 5, in F. D. Rs. in Nationalised Bank till each of them attains majority and remaining 2/5th amount is to be paid to complainant Nos. 1 and 2.

(2.) THE respondents have filed an application before the District consumer Disputes Redressal Forum at Latur claiming compensation of Rs. 5,00,000/- on the allegation that on 25th April, 2002, Balaji, s/o ashok Sarkale was travelling along with his friend Dhiraj in a train from nanded to Udgir for attending the marriage ceremony of their relatives, after purchasing the tickets. When the train arrived on Latur Road railway Station at about 10. 10 a. m. , some unknown goondas boarded the compartment in which Dhiraj and Balaji were travelling. After entering the compartment, they started abusing and assaulting both dhiraj and Balaji for occuping their seats. Both of them resisted them. However, they started quarrels with them and other passengers. Meanwhile, when the train left the said station and travelled some distance, somebody pushed both Dhiraj and Balaji, due to which both of them were thrown out of the train on the railway tracks and they were run over by the train and died on the spot. On 25th April, 2002 itself, the concerned Railway Master informed the incident to Chakur Police station which registered Accidental Death No. 10 of 2002. The inquest and spot panchnamas were drawn and the autopsy was performed on the two dead bodies.

(3.) THE respondents received the information of this incident on 26th April, 2002. They rushed to Government Hospital, Chakur, and identified the dead body. It was alleged by the respondents that the railway authorities were responsible for the said incident. According to them, both the deceased were young and healthy persons. They are thus entitled to receive compensation from the Railways.