KAUSHALAYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) KAILASH Bihari Thakur Versus Bihar State Food & Civil Supplies Corporation 1. In the present appeal, two facts are undisputed. Firstly, Ram Singar Singh fell from train No. 5203 UP at the Hajipur Railway Station and died. Secondly, immediately before and after his death Ram Singar Singh was alone.

(2.) THE death resulted in an Inquest Report, which suggested that the dead person was wearing a shirt and a pair of trousers. The Inquest Report does not say that the Shirt and a pair of trousers of the deceased did not have pockets. The Inquest Report further does not say the pockets of the shirt and the trousers, which are usual, did not contain anything.

(3.) AGAINST the award of the Tribunal, Railway Administration filed an appeal. That has been allowed by the learned Single Judge simply on the basis of surmises and conjunctures. Instead of looking into the evidence tendered in the case, learned Judge felt that since the Inquest Report does not mention that the deceased was carrying a Railway Ticket for the journey, the deceased was an unauthorized passenger, and that Lakshman Paswan may have confused between Ticket Counter and Enquiry Counter and lastly, that evidence of Lakshman Paswan is not inspiring for he did not terminate his journey immediately after the accident took place.