ANIL KUMAR MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the appellant and learned counsel for the Railway- Union of India.

(2.) The instant appeal has been preferred by the claimant/appellant against the judgment dtd. 17/9/2019 passed in Case No.O.A.(IIU)/RNC/38/2018 whereby the learned Tribunal has dismissed the claim application on the ground that Bambam Kumar with his mother were crossing the railway track and came in front of train. She along with her child committed crime under the provision of Sec. 179(2) and punishable under Sec. 147 of the Railways Act and both are themselves responsible for their death.

(3.) Learned counsel for the claimant/appellant has submitted that the UD Case No.7 of 2017 dtd. 4/4/2017 of Railway Barharwa (PP Pakur) was instituted. After investigation the investigating officer, Ravi Ranjan Kumar, ASI has submitted a report that both the deceased were travelling on down Upper India Express and fell down from running train due to which both have sustained grievous injury and died. The final report was submitted vide no.7 of 2017 dtd. 30/9/2017 and the same has been placed before the claim Tribunal but claim application has been refuted on erroneous ground and not considered the document in correct perspective. Learned counsel for the claimant/appellant has submitted that Anil Kumar Mandal @ Anil Mandal has been examined before the learned Tribunal as A.W.-1 and has categorically stated in para 3 that on 4/4/2017 at around 02:00 p.m. he purchased ticket for his wife and son, who boarded Banaras Siyaldah Train No.13120 DN and returned to his house, as such, the learned Tribunal ought to have considered his evidence in consonance with report submitted by Ravi Ranjan Kumar, ASI in view of the judgment passed in the case of Union of India Vs. Rina Devi, reported in (2019) 3 SCC 572.