HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CIVIL MISCELLANEOUS APPEAL No.1138 of 2017
JUDGMENT :
1. This appeal is filed by the appellant/applicant against the orders in O.A. II (U) No.219 of 2010, dated 20.07.2017 on the file of the Railway Claims Tribunal, Secunderabad Bench.
2. The brief facts of the case are that on 14.02.2010, the mother of the applicant i.e. the deceased Arempula Chandramma went to Motamarri on her personal work and after that, in the evening, the deceased returned to Motamarri Railway Station, purchased journey ticket bearing No.41532 from Motamarri to Khammam for Rs.6/- and as the goods train was halted in Motamarri railway station, Train No.172 i.e. Vijayawada-Dornakal Passenger was taken up on the main line. The deceased went on Up main line on the track to board the said train and accidentally got hit by Train No.172 Up passenger train and sustained severe injuries. The Deputy Station Manager, who was on duty, shifted the injured person into the same train with the help of passengers and informed to on-duty Deputy Station Manager, Bonakal for arranging medical 2 GAC, J CMA.No.1138 of 2017 aid at Bonakal. When they reached Bonakal, 108 ambulance staff came and declared the injured as dead.
3. The respondent-Railways filed a detailed written statement before the Tribunal contending that the appellant is not entitled for any compensation for the death of the deceased, as the accident did not occur while the deceased was traveling on the train as a bona fide passenger.
4. Heard both sides and perused the record.
5. Learned counsel for appellant contended that the deceased/ Arempula Chandramma was a bona fide passenger as she purchased journey ticket No.41532 to travel from Motamarri to Khammam on 14.02.2010 by Train No.172 i.e. Vijayawada- Dornakal Passenger. He further submitted that as the said Train was taken up on main line, the deceased was forced to go there and was waiting on the track, and at that time, the accident had occurred. Therefore, the appellant is entitled for compensation from the Railways.
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6. On the other hand, learned counsel for respondent/railways contended that the findings recorded by the Tribunal are based on evidence and that the possibility of planting a railway ticket by the appellant in order to claim compensation cannot be ruled out. Accordingly, he prayed for dismissal of appeal
7. In view of the rival contentions, the points to be considered in this case are:
1. Whether the deceased was a bona fide passenger;
2. Whether the appellant is entitled for compensation; and if so,
3. To what relief ?
8. POINT No.1 : On perusal of the entire record, it is evident that the FIR/Ex.A-1, inquest report/Ex.A-2 and charge sheet/ Ex.A-4 disclose that the accident took place as Train No.172 Vijayawada-Dornakal passenger hit the deceased while she was on the Up main line and was waiting on the track for the said Train. The post-mortem report/Ex.A-3 disclose that the deceased succumbed to the injuries sustained by her in the said accident. Ex.A-5 is the journey ticket dated 14.02.2010 for Rs.6/- from 4 GAC, J CMA.No.1138 of 2017 Motamarri to Khammam, which was recovered from the dead body of the deceased, which clearly disclose that the deceased purchased the journey ticket to travel from Motamarri to Khammam and suffered the accident in the railway station premises at Motamarri. The inquest report/Ex.A-2 also corroborates as to the recovery of Ex.A-5/journey ticket from the dead body of the deceased. Ex.R-1 is the Divisional Railway Manager's report, which also establishes the death of the deceased on the railway track at Motamarri. But, Ex.R-1/DRM's report concludes that the deceased was a lady hawker and she was negligently crossing the track in front of the train which is an offence under the Railways Act, due to which, the train dashed against her causing severe injuries and she succumbed to the same, and therefore, the Railway administration is not at all responsible for the death of the deceased Arempula Chandramma, and in view of the same, the claimant is not entitled for any compensation from the Railways.
9. Basing on the material available on record, this Court can safely arrive at a conclusion that the dead body of the deceased was found on the track at Motamarri Railway Station and the deceased 5 GAC, J CMA.No.1138 of 2017 died due to hit of the train while crossing the track. Having regard to the facts and circumstances of the case and the established principles of law, this Court is of the considered view that the death of the deceased had occurred as a result of untoward incident. Though the Divisional Railway Manager's report indicates that the deceased was a railway hawker, there is no other supporting oral or documentary evidence on record to that effect. On the other hand, the recitals of Ex.A-2/inquest report at Column No.7 disclose that Ticket No.41532 dated 14.02.2010 was recovered from the dead body of the deceased.
10. In this connection, it is relevant to refer to the judgments in Smt.Vinodamma & others v. Union of India1, in K.Vidya Kumari & others v. Union of India, South Central Railway, Secunderabad2 and in Sunita Maudgil & others v. Union of India3, wherein, it is held that a passenger holding a valid ticket irrespective of train, is a bona fide passenger. 1 AIR 2010 KARNATAKA 174 2 2003 (1) ALT 65 3 2017 (3) PLR 163 6 GAC, J CMA.No.1138 of 2017
11. Since the deceased had purchased valid journey ticket and the accident had occurred on the railway track in the railway station premises when she was waiting for the train, the deceased can be considered as a bona fide passenger. In view of the same, this point is decided in favour of the appellant, holding that the deceased was a bona fide passenger.
12. POINT No.2 : In view of the discussion on point No.1, as the deceased was found to be a bona fide passenger, it follows that the appellant is entitled for compensation.
13. POINT No.3 : Coming to the quantum of compensation, though the appellant has filed the O.A. claiming compensation of Rs.10,00,000/-, as per the Schedule given by the Ministry of Railways vide Notification dated 22nd December, 2016, the Railways are liable to pay compensation of Rs.8,00,000/- for the death of its passengers. Therefore, the appellant is entitled to compensation of Rs.8,00,000/- for the death of his mother Arempula Chandramma.
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14. In the result, the appeal is allowed, granting compensation of Rs.8,00,000/- to the appellant. The order dated 20.07.2017, passed by the Railway Claims Tribunal Secunderabad Bench in O.A.II (U) No.219 of 2010, is hereby set aside. The respondent/Railways shall deposit the compensation amount within a period of three months from the date of receipt of a copy of this order. No costs.
15. Pending miscellaneous applications, if any, shall stand closed.
_________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 07.04.2022 ajr