PRINYAKA @ PRIYANKA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal is directed against the judgment dtd. 18/10/2019 passed by Dr. S.K. Panday Member/ Technical, Bhubneswar Circuit Bench at Ranchi in Case No. OA (IIU)/RNC/137/2018 wherein learned Tribunal has dismissed the claim application of the appellants on the ground that the deceased has not died in an untowards incident and also on the ground that deceased was not a bonafide passenger.

(2.) Factual matrix giving rise to this appeal in nutshell is that the deceased Pradeep Kumar Singh @ Pradeep Singh after having purchased ordinary railway passenger ticket bearing ticket no. 49465537 from Nabi Nagar to Japla Railway station started boarding on a passenger train but due to crowd of passengers and in the course of attempting to board on the train he was pushed by the passengers, meanwhile, train moved and the deceased fell down accidentally from the said running train at Nabi Nagar Railway Station itself. The family members of the deceased were informed and arrived at the place of occurrence. The UD Case no. 03 of 2018 was registered on the basis of fardbeyan of brother of the deceased recorded by police on 8/1/2018. The inquest report of the deceased was prepared on the spot wherein cause of death is shown accidental fall from the running train. After investigation final form (annexure 3) was submitted. The case of claimants/appellants is that the deceased was a bonafide passenger and died in an untowards incident while boarding on a passenger train. The appellants have claimed compensation of Rs.8,00,000.00 (Eight Lacs) alongwith interest which has been rejected by the learned tribunal and assailed in this appeal.

(3.) Learned counsel for the appellants, Ms. Chaitali Chatterjee Sinha has submitted that the learned tribunal has taken hyper technical view beyond the weight of evidence available on record and arrived at written conclusion. It is fairly proved through cogent and reliable evidence both oral as well as documentary that the deceased was having a valid ticket of journey and he died in an untowards accident while boarding on a train overcrowded by people. The police investigation report and other documents proves the above facts beyond the doubt. No cogent material has been brought on record to rebut the above true facts. The learned tribunal has taken superficial grounds on the basis of station diary (exhibit R7) that the deceased had died through passing goods train No. 27683 on 12.44 Hrs. and not by passenger train. It was also observed that the journey ticket produced in this case was at 13.52 Hrs. although the accident happened at around 12.48 Hrs. Both the above grounds have not been substantiated through any cogent and reliable evidence. It is further submitted that the Railway Act, 1989 is a beneficial legislation which must be constituted in a manner sub serving the objects of the Act and not to put unnecessary resistance on genuine claims. The impugned order is not justifiable under law and fit to be set aside.