UNION OF INDIA Vs. HEMLATA MUDOI

JUDGEMENT

(1.) An application under section 16 of the Railway Claims Tribunal Act, 1987 was filed by Hemlata Mudoi, mother of the deceased Mridul Mudoi claiming compensation to the tune of Rs. 4,00,000 for the death of her son who met his death in an untoward incident at Digaru Railway Station while travelling by Kapili Inter City Express.

(2.) The brief facts on the basis of which the compensation was claimed are that the deceased Mridul Mudoi was working as ASM at Digaru Railway Station under N.F. Railway. On 1.6.1999 the deceased was travelling by 67 Up, Kapili Inter City Express from Guwahati Jn. to Jagiroad Railway Station. The deceased was holding a 2nd class ticket for travelling with the Railways. There was a heavy rush in the train and the deceased fell down from the train at Digaru Railway Station as a result thereof sustained his death. The incident took place at about 11.10 a.m. The body was sent to the Gauhati Medical College Hospital where the post-mortem was conducted and after that body was returned to the mother of the deceased. As per the Railways, who has entered appearance opposing the claim, the deceased was negligent while travelling and thus there is no responsibility of the Railways to pay the compensation.

(3.) Railway Claims Tribunal, Guwahati Bench after consideration of the evidence placed on the record by the applicant has arrived at the conclusion that on the relevant day the deceased Mridul Mudoi was travelling in the train after purchasing the ticket. It has not been seriously opposed that the Inter City Express does not stop at Digaru Station. It has been proved that the deceased has been going to Digaru Railway Station for his training.On the facts and circumstances pleaded and proved it would not be out of place to believe that the deceased was going to Jagiroad Railway Station and that he fell down from the running train which would be an untoward incident within the meaning of section 123 of Railways Act, 1989. With this finding the compensation of Rs. 4,00,000 as per Schadule to rule 3 of Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 (as amended in 1997) was awarded.