ALADI HEMBRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. Chaitali Chatterjee Sinha, learned counsel for the appellants and Mr. Abhijeet Kumar Singh, learned counsel for the respondent.

(2.) This appeal has been preferred being aggrieved by the judgment dtd. 10/8/2021 passed by the Railway Claims Tribunal, Ranchi Bench in Case No. OA(IIU) RNC/198/2018 (Checklist No. 2910180012), whereby, the claim case filed by the appellants herein has been rejected by the learned Tribunal.

(3.) Mrs. Chaitali Chatterjee Sinha, learned counsel for the appellants submits that the deceased was travelling from Katpadi Junction to Chennai Junction after purchasing a valid 2nd Class ticket bearing Ticket No. 23788388 and after that he boarded a superfast train from Chennai Central Station to Dhanbad Junction on 1/3/2018 after purchasing a valid 2nd Class ticket bearing Ticket No. 18276667. There was a heavy rush on the train. Enroute, while the said train was running between Kumardubi and Mugma Stations on 4/3/2018, the deceased was coming back from the toilet, suddenly he slipped due to a wet and slippery surface near the opened gate of the bogie due to an overflow of water coming out from the jammed water basin and as a result of which the deceased rolled towards the gate and accidently, fell down from the running train between K.M. 232/23 and 232/25 of up line on account of wet and slippery surface of the bogie and died on the spot by sustaining serious injuries. The cause of death was almost instantaneous as a result of violent, hard and blunt force injuries as mentioned in the post-mortem report. She further submits that the railway police investigated the case and prepared the inquest report dtd. 4/3/2018 in Rail P.S. Dhanbad (Kumardubi) U.D. Case No. 13 of 2018 registered on 4/3/2018 and found the factum of occurrence to be true and the deceased died as a result of falling from some unknown train. She then submits that the railway police also prepared a final report dtd. 4/3/2018 in the aforementioned U.D. case and concluded that the deceased died as a result of falling from a train. She submits that the deceased was a bona fide passenger and boarded a superfast train from Chennai Central Station to Dhanbad Junction on 1/3/2018. The tickets of 2nd Class have also been found from the possession of the deceased. She further submits that the inquest report, journey tickets, final report and post-mortem report have been marked as Ext. P-8, Ext. P-5, Ext.P-9 and Ext. P-10 and P-11 respectively of Trial Court record. She submits that however the learned Tribunal has been pleased to reject the claim case only on the ground that the journey of the deceased last at Dhanbad Station, however, the dead body was recovered between Kumardubi and Mugma Stations. She submits that in view of that ground the learned Tribunal has doubted the untoward accident. She submits that when he was travelling in a superfast train with a valid ticket, merely because finding of the body from some kilometers away from the last station, cannot be a ground to not grant compensation in a legislature, which is welfare in nature. On these grounds, she submits that the judgment passed by the learned Tribunal may kindly be set-aside and direction may kindly be issued for compensation to the claimants in light of the provisions made under the Indian Railways Act, 1989 read with Railways Accident and Compensation Rules, 1990 which has been later on amended w.e.f. 1/1/2017.