TETRI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Arvind Kumar Lall and learned counsel for the respondent-Railway, Mrs. Aplana Verma.

(2.) The appellants, namely, 1.Smt. Tetri Devi, 2.Suryadev Yadav, 3.Priya Kumari, 4.Priyanka Kumari, 5.Puja Kumari, 6.Bandhan Yadav @ Bandhan Mahto and 7.Chuniya Devi have preferred this Miscellaneous Appeal for setting aside the order dtd. 7/7/2017 passed by learned Member (Judicial) Railway Claims Tribunal, Ranchi in Case No.OA(IIU)/RNC/144/2016, whereby the application filed by the claimants has been dismissed on the ground that deceased was boarding from the wrong side where there is no platform and involves an obvious risk to limb and life, which has not been covered within the expression 'accidental falling from train'. Therefore, it was not a case of untoward incident as defined under Sec. 123(c)(2) of the Railways Act, 1989. The ticket produced on record is likely to be tainted as the same has not been mentioned in the report of unnatural death case No.28 of 2016 prepared by ASI, Sri Loknath Bhagat, who has been examined as C.W.-1 on 25/5/2017.

(3.) Learned counsel for the appellants, Mr. Arvind Kumar Lall has submitted, that deceased, Mahadev Yadav has fallen accidentally from the running train because of push and pull of the passengers. The DRM's report has been brought on record. The applicants have examined three witnesses, A.W.-1 (Sri Suryadev Yadav), A.W.-2 (Sri Balram Gope) and A.W.3 (Sri Tiju Yadav) and also exhibited documents such as fardbeyan of Tiju Yadav, which has been marked as Exhibit- A1, inquest report as Exhibit-A2, Journey ticket as Exhibit-A3, FIR as Exhibit- A4, Final report as Exhibit-A4(a) and photo copy of dead body receipt. On the other hand, respondent has not produced any oral evidence, but certain documentary evidence have been brought on record such as DRM's report- Exhibit R1, Statement of J.L. Baxla, SM/Tangerbasuli- Exhibit R2, Statement of the applicant No.1- Exhibit R3, Statement of Tiju Yadav- Exhibit R4, Statement of Sahabuddin Ansari- Exhibit R5, Statement of Gopal Prasad- Exhibit R6, Map of place of occurrence-Exhibit R7, PM report- photo copy, Letter of SI/RPF/LAD- Exhibit R8 and final report- photo copy.