PARWATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant miscellaneous appeal has been directed against the award dtd. 5/5/2017 passed by the learned Member (Judicial) Railway Claims Tribunal, Ranchi in Claim Petition No. OA(IIU)/RNC/130/2016 under Sec. 124(A) of the Railways Act, 1989 whereby the claim petition of the appellant was dismissed.

(2.) The brief facts leading to this Miscellaneous Appeal are that the claimant Parwati Devi had moved the claim petition before the learned Tribunal with these averments that on 3/5/2014 her husband Ramdev Raut (deceased) was travelling Jasidih to Jhajha by Train No. 18181 UP, Tata- Chapra Express having a valid second class railway ticket. Her husband boarded in the train when it was stationary. As soon as the train began to move her husband accidentally fell from the running train due to the overcrowded pressure and the sudden jerk at Jasidih Station consequently died on the spot. The police has also registered a case UD Case No.12/14 on 3/5/2014. Deceased on the date of the death was 62 years old. He was labourer and after his death he left his widow Parwati Devi, the claimant herein and two sons Chhote Lal Raut and Bade Lal Raut. In view of the above claimed the compensation of Rs.4,00,000.00 alongwith Advocate fee, cost of the petition and penalty interest @ 15% per annum. Alongwith this claim petition, the application under Sec. 17(2) Railway Claim Tribunal Act was also moved on behalf of claimants.

(3.) On behalf of opposite party Union of India through GM, Eastern Railway the written statement was filed with these averments that the claim petition is not maintainable. The averments of the claim petition were also denied and it is stated that as per allegations made in the fardbeyan deceased was selling Litti-Chatni in the train having no valid permit or licence. As such the deceased was not a bona fide passenger in the train whereby the said accident was caused. The copy of the memo dtd. 3/5/2014 issued by Station Master, Jasidih does not establish that the deceased fell down from the running train. The inquest report annexed with the claim petition is silent on the recovery of any ticket. Para-4 of the claim petition is contradictory to the fardbeyan hence the entire claim petition is doubtful and denied. Informant who is the son of the deceased has also not seen the alleged incident as would be apparent from the fardbeyan itself. With respect to ticket the applicant is put to strict proof about the same as there being no such mention of the railway ticket in the inquest report. The arrival time of the train 18181 UP, Tata-Chapra Express at Jasidih Railway Station is 3:45 AM but it appears from the fardbeyan that the alleged incident occurred at 9:00 AM on 3/5/2014 thus above both the facts are contradictory. The applicant is put to strict proof of the claim and also that the deceased did not due to Exception-A to the Exception-E of Sec. 124A of the Railway Act. The applicant is also put to strict proof that the deceased was bona fide passenger of the said train. In view of the above prayed to dismiss the claim petition.