BHAGWATA DAMASE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the widow and two minor children of one Damodar Marasani, who have prayed for grant of compensation on account of death of Damodar Marasani in a railway accident.

(2.) In brief, Damodar Marasani (since deceased) was working as a Cook in Kathi King Hotel, Kurukshetra w.e.f. 01.12.2015 and was drawing a salary of Rs.12,000.00 per month. On 02.01.2016 at about 1:00 p.m., while he was crossing the unmanned railway crossing near Daka Basti on his bicycle, he was run over by Train No. 12046 (Shatabdi Express) at KM No. 155/36- 34. In the inquest report No. 1 dated 02.01.2016, prepared under section 174 of the Criminal Procedure Code, 1973, by the SHO, GRP, Kurukshetra, it has been opined that the death was caused due to the railway accident. In the postmortem report dated 03.01.2016, conducted by the LNJP Hospital, Kurukshetra, the apparent cause of death has been mentioned as railway accident. The railways had also got investigation of the said accident and a report was prepared by the Sub Inspector, RPF, Kurukshetra who had recorded the statements of Harish Kumar-Driver, Ran Singh-Guard of train No. 12046 (Shatabdi Express) and Station Master-Gopal Sharma who all have testified that one person alongwith bicycle has met with an accident with train but in the report, the said Sub-Inspector has recorded that the deceased had died due to his own negligence while crossing the railway lines without checking the track.

(3.) Learned counsel for the petitioners has submitted that from the aforesaid facts and circumstances which have emerged from the record, it is apparent that Damodar Marasani had died due to railway accident on the unmanned railway crossing, having been run over by the Shatabadi Express train which runs at more than 100 KMs per hour speed.