UNION OF INDIA Vs. AJAY KUMAR CHOURASIA

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed against the judgment and order dtd. 6/3/2017 passed by the Member (Judicial) Railway Claims Tribunal, Patna Bench, Patna in Claim Case No. OA00117 of 2011 whereby the claim application has been allowed and the railway/appellant has been directed to pay eight lacs to the applicants within three months from the date of furnishing of bank account details/mandate form by the claimant along with simple interest @ 9% per annum from the date of filing of this application i.e. 15/5/2011 and in default further interest @ 2% in addition to 9% has been directed to be paid from the date of registration till realization.

(2.) Brief facts of the case, is that, on 20/7/2010, the deceased Akhilesh Kumar was coming from Gaya to Bhagalpur by Gaya Kamakhya Express (Train No. 5619 UP) after having a proper railway ticket of second class from Gaya to Bhagalpur Junction. While the train was about to reach at Bahgaglpur Junction, the deceased came near the door to get down from the train but due to heavy rush and sudden jerk of the train the deceased had accidentally fallen down from the gate of the train as a result of which head, leg and hand of the deceased were cut and the deceased sustained severe injuries on his bodies. The deceased died on the spot due to the said injury. The dead body of the deceased was lying on the railway track of platform no. 1 at Nathnagar Railway Station. The ticket and mobile phones were lost in the accident. The brother of the deceased (Manish Kumar) who was travelling with him reported the matter to Rail Police at Bhagalpur after getting down. The fardbeyan of Manish Kumar (AW-2) marked as A/1 dtd. 20/7/2010, whereby AW-2 has stated and supported that how the deceased died in an untoward incident. On 20/7/2010, when the Nathnagar GRP was informed, an Inquest Report was prepared at Nathnagar Station and the dead body of the deceased was taken to Bhagalpur Railway Station. On 20/7/2010, at about 9:00 pm while the dead body of the deceased was brought at Bhagalpur GRP and Rail PS Bhagalpur UD case No. 38 of 2010 was registered. Later on the body of the deceased was sent to JLNMC Hospital, Bhagalpur for Post Mortem (which is marked as A/4) and it was done on 21/7/2010. The post-mortem report indicates that Akhilesh Kumar aged about 25 years had died due to hemorrhage and shock caused by hard and blunt object. After investigation S.I. Rail P.S. Bhagalpur also submitted final form dtd. 21/7/2010 saying that the deceased fell down from Gaya Kamakhya Train No. 5619 UP, sustained injuries and died(marked as A/3). The deceased died due to untoward incident and hence the deceased is entitled to compensation.

(3.) The original respondent filed claim before the Railway Claims Tribunal, Patna Bench, Patna under Sec. 125 of the Railways Act, claiming the compensation to the tune of Rs.4.00lacs on account of death of his unmarried son, namely, Akhilesh Kumar. The deceased father, namely, Suresh Pd. Chaurasia- original applicant filed all the relevant documents before the Tribunal and adduced evidence in support of his claim which are as follows:-