SATYABIR Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS have filed this petition for issuance of a writ in the nature of mandamus directing the official respondents to pay compensation to the petitioners to the tune of Rs. 7,00,000 for the death of Santosh. Petitioners are husband and children of deceased Santosh, who had died due to falling of a pole of a railway crossing, claiming compensation from the respondents on the allegation that the death of Santosh had occurred on account of negligence of the railway officials.

(2.) THE case of the petitioners, as stated in the writ petition, in brief, is that on 21. 5. 2004, Santosh, wife of petitioner No. 1 and mother of petitioner Nos. 2 to 4 was returning back to her village after purchasing household articles and medicines along with her daughter Jyoti. While they were crossing railway gate No. 60-B, situated on Kuchha Beri Road, Rohtak, all of a sudden, the pole of the railway gate fell on santosh and her daughter Jyoti and others. As a result of this, Santosh and Jyoti suffered multiple grievous injuries and were removed to Post Graduate Institute, Rohtak. Santosh, however, died on the way to the hospital and was declared 'brought dead'. Jyoti was given treatment for her injuries in the hospital and was subsequently discharged. An information regarding the incident was sent by Stationmaster, Railway Station, Rohtak to SHO, Government railway Police, Rohtak, vide memo No. 57/88/04 dated 21. 5. 2004. The information regarding death of Santosh was also sent by the Casualty Medical Officer, P. G. I. , rohtak, on the same day to incharge police post. The dead body of Santosh was sent for post-mortem examination on 22. 5. 2004 to Civil Hospital, Rohtak. The cause of death, as stated in the post-mortem report, was shock and haemorrhage as a result of injuries suffered which were ante-mortem in nature and was sufficient to cause death in the ordinary course. Respondents paid a sum of Rs. 4,000 as ex gratia payment on account of death of Santosh on 22. 5. 2004. From this, it was evident that the death had occurred due to the negligence of the railway administration. A news item was also published in Dainik Bhaskar on 23. 5. 2004 wherein it was stated' that the railway administration had admitted its fault and a committee has been formed to fix responsibility for the mishap. F. I. R. No. 106 dated 30. 5. 2004 under section 175 of the railways Act and section 304-A of the indian Penal Code was also got registered. Santosh was aged about 40-42 years at the time of the accident. The incident had taken place due to negligence and fault of the railway department as they had failed to maintain the pole of railway gate.

(3.) RESPONDENTS in their written statement took up the preliminary objection that the writ petition was not maintainable. On merits, it was admitted that Santosh, wife of petitioner No. 1, suffered injuries due to sudden falling of pole of gate No. 60-B due to wind. The Stationmaster communicated to SHO, GRP, Rohtak that three persons had sustained injuries. The gate man on duty informed that while opening the gate No. 60-B for passing road traffic and road users, one pole of the mandi side suddenly broke and fell from horizontal to vertical position.