SANJAY KUMAR DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. Chainika, learned counsel appearing for the appellant and Mr. Chandra Prakash, learned counsel appearing for the respondent-Railway.

(2.) This appeal has been preferred being aggrieved with the judgment dtd. 9/2/2024 passed by the learned Railway Claims Tribunal, Ranchi Bench in Case No.-OA(IIU) RNC/54/2019 (Checklist No.-2907190002), whereby, the learned Tribunal has been pleased to reject the claim of the appellant on the ground that the case of the appellant is not coming within untoward incident in light of Sec. 123(c)(2) of the Railway Act, 1989.

(3.) Learned counsel for the appellant submits that the deceased Sapan Kumar Saha was travelling from Nimtita Railway Station to Bharharwa Railway Station and boarded a train Azimganj-Barharwa passenger train in 2nd class general bogie at Nimtita on 4/11/2013 after purchasing a valid 2nd class ticket. She further submits that due to heavy rush on the train and the passengers were jostling amongst for space near the gate, the deceased accidently fell from the running train near Barharwa Railway Station and died on the spot by sustaining serious injuries. She submits that after getting information about the incident, the brother of the deceased namely Ascharya Kumar Saha reached the place of occurrence and identified the dead body as his brother Sapan Kumar Saha and then told the wife of the deceased about the incident. On the basis of application submitted by the brother of the deceased, Barharwa Rail P.S. U.D. Case No.15 of 2013 was registered on 4/11/2013. She then submits that the Railway Police investigated the case and prepared the inquest report dtd. 4/11/2013 and found the factum of occurrence to be true and found that the deceased died as a result of falling from Azimganj-Barharwa passenger train bearing No.53035 and run over by another train. She also submits that further the Railway Police also prepared a final report dtd. 4/11/2013 and concluded that the deceased died as a result of falling from the said passenger train and being run over by another train. She further submits that while preparing the final report, the police recorded the statements of Pachu Singh, Parmeshwar Saha and Durga Saha, who are independent witnesses and they have also supported the case of accidental death of the deceased. She submits that the deceased was a bonafide passenger travelling from Nimtita Railway Station to Bharharwa Railway Station and he had purchased a valid ticket to travel from Azimganj-Barharwa, however, the said ticket was lost during the accident and the learned Tribunal on that point has found that the ticket was not there and in view of that, he was not a bonafide passenger. She further submits that only relying on the statement of R.W.1, namely, Altaf Sheikh, the learned Tribunal has come to the conclusion that the deceased was not the bonafide passenger. She further submits that however the documents on record like final form submitted by the Railway Police, statement of R.W.2-I.O., who has stated that there was no eye-witness and further statement of R.W.4- Ascharya Kumar Saha, who has stated that the ticket was purchased by his brother and in view of that, the finding of the learned Tribunal is not correct. She submits that it is a welfare statute and in view of that, lenient view is required to be taken, whereas, the learned Tribunal has rejected the claim case of the appellants.