KAVITA DEVI @ KABBO DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present miscellaneous appeal has been preferred against the judgment dtd. 19/6/2019 passed by the Railway Claims Tribunal, Ranchi Bench in Case No.OA(IIU) RNC/105/2017 whereby and whereunder the learned Tribunal has dismissed the claim application of the appellants seeking compensation amounting to Rs.8.00 lakhs along with interest (from the date of filing of the application i.e., 18/8/2017) on account of death of the deceased treating him not be a bona fide passenger and the incident as not be an 'untoward incident' as defined under Sec. 123(c)(2) of the Railways Act, 1989.

(2.) The brief facts giving rise to this miscellaneous appeal are that a claim petition under Railway Claim Tribunal Act, 1987 was filed by Kavita @ Kabbo Devi (the wife of the deceased) with these averments that on 7/6/2017 deceased Shambhu Sahni after purchasing valid 2nd Class ticket for Sahibganj Junction to Pirpainti Station boarded in a 2nd class bogie of Howrah Gaya express train at Sahebeganj station to come to Pirpainti Station. The said ticket was purchased by the brother of the deceased, namely, Yamuna Sahni and handed over to the deceased. When the train was approaching Pirpainti station, the deceased reached near the gate to alight at the station. Other people who had also to alight at the said station gathered near the door as a result of which there was intense jostling amongst the passengers. While the train was running between Ammapali Halt and Pirpainti station, the deceased, who was standing inside the bogie lost his balance and fell down from the running train accidentally between K.M./Pole No. 253/01 and 253/00. The deceased sustained grievous injuries and died on the spot as a result thereof. After getting information from someone about the incident during search of the deceased, the wife of the deceased reached there along with the family members and identified the dead body of the deceased as Shambhu Sahni. After postmortem the dead body was handed over and cremation was done. In this regard an U.D. Case No.29 of 2017 dtd. 7/6/2017 had been registered at Rail P.S. Bhagalpur. The rail police investigated the matter and found that the factum of incident to be true.

(3.) On behalf of the Union of India through the General Manager, Eastern Railway, Kolkata, the written statement was filed, wherein the averment made in the claim petition were denied and it is stated that on 7/6/2017 no incident/un-toward incident had taken place between Ammapali Halt and Pirpainti Stations, hence, not reported by any co-passenger or other person about any untoward incident etc. to the concerned Station Manager, but on reporting by the Driver of the Train no.13133 UP at Pirpainti Railway Station about an unknown dead body lying between KM 253/03-02 (Pirpainti-Mirzachauki) between UP and DN lines, then, the Dy. CYM/ Area Controller, Eastern Railway, Bhagalpur had given a Memo dtd. 7/6/2017 at 06:15 HRS. to O/c GRP BGP and O/c RPF/ BGP for their immediate and proper actions. This fact is clearly evident from the perusal of the Memo dtd. 7/6/2017 at 06:15 HRS of the Dy. CYM/ Area Controller, Eastern Railway, Bhagalpur as annexed with the claim application as Annexure-1. Actually, the deceased died due to injuries sustained during his crossing the Railway track and dashed by any unknown train, hence, it is a run over case.