REKHA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants Rekha Devi, W/o the deceased Ajay Thakur, Priti Kumari, minor daughter of the deceased Ajay Thakur, Bittu Kumar, minor son of the deceased Ajay Thakur and Anjani Kumari, minor daughter of the deceased Ajay Thakur all resident of Village/Mohalla-Madhopur, PO- Madhopur, PS-Satgawa, District-Koderma (Jharkhand) have preferred this appeal against the dismissal of their Claim Case No.OA (iiu)/RNC/2007/0062, OLD No. OU-70062/07, passed by learned Member (Technical) Railway Claims Tribunal, Ranchi Bench, Ranchi vide Judgment dtd. 8/12/2014, whereby the claim application of the applicants has been rejected on the ground that applicants are not entitled to compensation under Sec. 124-A of the Railway Act.

(2.) Learned counsel for the appellants, Mr. Rajesh Kumar Jha has submitted, that the learned Railway Claims Tribunal has completely failed to consider the fact brought on record and the judgment passed by the Hon'ble Supreme Court in the case of Union of India vs. Prabhakaran Vijaya Kumar, and Ors. reported in 2008(9) SCC 527 and Union of India vs. Rina Devi, reported in (2019) 3 SCC 572.

(3.) Learned counsel for the appellants, Mr. Rajesh Kumar Jha has further submitted, that fact of the case is very relevant. Ajay Thakur husband and father of the appellants, aged about 32 years, holding 2ndclass ticket ex- Koderma to Dhanbad had boarded Train No.302 DN at Koderma station on 8/5/2007. He was pushed to the other side due to rush in the compartment and fell down from the train from another gate. He was run over by Goods train coming in the UP line and died in course of treatment. Learned counsel for the appellants, Mr. Rajesh Kumar Jha has further submitted, that to that effect the applicants/appellants have filed claim application and examined the Applicant, Rekha Devi herself as A.W.-1 and Manoj Kumar as A.W.-2 and there is an evidence from the applicants that deceased had purchased ticket for going to Dhanbad by Train No.302 DN and also boarded the train with lot of difficulty as there was heavy rush in the compartment. There is evidence that Ajay Thakur has fell down from opposite door and was run over by Goods train but learned Railway Claims Tribunal has wrongly considered the evidence of witnesses and passed order contrary to the judgment passed by the Hon'ble Supreme Court in the case of Union of India vs. Prabhakaran Vijaya Kumar and Ors. reported in 2008(9) SCC 527. Paras 14 to 17 and 22 to 24 of the judgment may profitably be quoted hereunder:-