SATTIVEERA VENKATA SATYA ANANTA LAXMI W/O LATE TRI Vs. GENERAL MANAGER, SOUTH CENTRAL RAILWAY,; SUPERINTE

JUDGEMENT

(1.) This writ petition is filed seeking a Mandamus directing the third respondent to issue death certificate certifying the death of petitioner's son Sathi Chandra Shekar, in Gowthami Express Train Accident, which occurred on 31.7.2008, after getting DNA Test Reports from Forensic Science Laboratory, Hyderabad or alternatively direct to issue certificate basing on prima facie evidence of travel of Sathi Chandra Shekar, as per travel/reservation chart and approval of TTC confirming travel of petitioner's son and consequently direct the first respondent to grant ex gratia to the petitioner on par with the dependants of victims of Train accident.

(2.) According to the petitioner, her son Sathi Chandra Shekar boarded Train No. 2738-Gowthami Express at Secunderabad for Rajahmundry after purchasing tickets for S-10 coach berth No. 36. When the train crossed Kesamudram moving towards Dornakal, near Tallapusulapally, fire erupted in S-10 coach and the same was spread to S-9, S-11 and S-12 coaches also. One lady passenger ran into S-11 coach and informed the eruption of fire in S-10 coach to on duty RPF (Railway Protection Force) Head Constable. The Constable immediately alerted and pulled the alarm chain. Passengers in the coach panicked and rushed towards vestibules for safety, but they were unable to get down from the train due to non-opening of doors. In the tragedy 30 out of 54 passengers traveling, were gutted to ashes and two lady passengers who were rescued from the bogie died on the way to hospital. None of the passengers traveling in S-9, S-11 and S-12 coaches suffered injuries and they de-boarded from the train safely. In the said fire accident, entire S-10 coach was burnt into ashes. Petitioner's son was burnt alive and only ashes of his mortal remains left. A case in Crime No. 191 of 2008 was registered as Fire Accident and investigation was taken up under Sec. 174 of Code Criminal Procedure by RPS/Warangal. Police summoned the clues team and requested the Director, Forensic Science Laboratory to send their team to the scene of offence. Both the teams collected 48 samples at the scene of offence. Later they deposited the samples in FSL, Hyderabad vide receipt No. 425/CHE/2008. They also conducted panchanama over the dead bodies of 32 persons in the presence of six Tahsildars, whose bodies were charred beyond recognition. The Forensic Directors of Kakatiya Medical College, Warangal issued 32 PME Reports and recommended 16 samples for DNA Test after, excluding six identified bodies. The second respondent vide letter dated 19.9.2008 has given the entire details of incident on the application of one of the dependant of victim under Right to Information Act. The second respondent confirmed that petitioner's son had traveled in S-10 coach, Birth No. 36 and died/gutted in the fire accident and as per the request of the second respondent, petitioner gave blood sample to FSL authorities for DNA profiling. According to the petitioner, along with her son, her husband was also traveling in the Train and he too victim of the fire accident, however, the authorities identified him and respondents granted ex gratia to her. But insofar her son is concerned, she was not granted with any ex gratia nor was issued with any death certificate in spite of petitioner running from pillar to post, whereas the first respondent granted ex gratia to the dependants/relatives of victims who were identified. Hence this writ petition.

(3.) Detailed and individual counter affidavits have been filed by respondents.