MOHINDER KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Appeal has been preferred against the order/award dated 07.05.2015, passed by learned Member (Technical), Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/ RNC/ 2009/ 0026, Old No. OA (IIU)- 9026/09 and check list No.2903090003, whereby and whereunder, learned Tribunal by allowing the case of the appellants directed the Railway Authorities to pay Rs. 4 lacs as compensation within a period of 90 days of submitting the account particulars to the Railway and if the amount is not paid within 90 days, thereafter interest will be paid @ 9 % per annum simple till the date of actual payment.

(2.) The facts of the case lies in a narrow compass. On 09.06.2008, applicant Mohinder Kaur along with her husband Harminder Singh Kohli and two children were travelling in 308 A Ranchi-Tata EMU with general class ticket No. 46895038 ex-Ranchi to Tatanagar. At about 20:00 hrs, when the train reached Sill station, the applicant's husband and daughter got down from the train as the daughter wanted to go to the toilet which was not available in the compartment of EMU Train. In the meantime, the train started running and the deceased while helping the daughter to board the train could not board the same and slipped causing injury in his right leg. The train did not stop in spite of several attempts made by pulling the chain. The applicant got down at the next station at Muri and immediately came back to Silli Station where she found the victim lying injured unattended. After sometime, the Sr.DMO/Muri arrived and after providing first aid, referred the victim to RIIMS/Ranchi. When he was brought by train to Ranchi, he died on the way. She has claimed compensation of Rs.24,16,400/- for herself, Sarabjeet Singh-minor Son and Jasmeet Kaur minor daughter.

(3.) The respondent - Railway filed written statement and evasive denial by putting the applicant to strict proof of the allegations made in the plaint. Further it has been mentioned that as per the information received from Chief Booking Supervisor/Ranchi, the ticket in question was issued on 08.06.2008 instead of 09.06.2008, which is different date from alleged incident. The victim had died due to his own negligence and there is no fault of the railways. Later, the DRM's report based on the enquiry done under the Railways Passengers (Manners of Investigation of Untoward Incidents ) Rules, 2003 has been filed.