Union Of India, Thr. The General ... vs Smt. Nandabai Sheshrao Dangat
2015 Latest Caselaw 8 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                    NAGPUR BENCH, NAGPUR




                                             
                 FIRST APPEAL NO.925 OF 2010




                               
                  
     Union of India,
     Through the General Manager,
     South Central Railway,
                 
     Secunderabad.                ..........     APPELLANT


          // VERSUS //
      
   



     1. Smt. Nandabai w/o. Sheshrao
         Dangat, Aged about 29 years,
         Occ. Household.
     2. Vaibhav s/o. Sheshrao Dangat,





         Aged about 9 years, Minor son
         under guardianship of his 
         natural mother Smt.Nandabai
         w/o. Sheshrao Dangat.
     3. Bhagyashri d/o. Sheshrao Dangat,





         Aged about 7 years, minor
         daughter under guardianship
         of her natural mother Smt.Nandabai
         w/o. Sheshrao Dangat.




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     4. Pranit s/o. Sheshrao Dangat,
         Aged about 4 years, minor son,




                                                                       
         under guardianship of his natural
         mother Smt. Nandabai w/o.
         Sheshrao Dangat.




                                               
     5. Ganpati s/o. Maroti Dangat,
         Aged about 68 years, Occ.
         Agrilst.




                                              
         All r/o. Gorttha, Tq.Umri,
         P.O. Ramgaon, Distt. Nanded...........     RESPONDENTS




                                   
     -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
              Mr.N.P.Lambat, Adv. for the Appellant.
                   
        Mr.A.B.Bambal, Adv. for the Respondent Nos. 1 to 5.
      -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
                  
                                             ********
              Date of reserving the Judgment         : 28.7.2015.
              Date of pronouncing the Judgment    :  6.8.2015.
                                             ********
      
   



                               CORAM     :  A.P.BHANGALE,  J.

     JUDGMENT     :

1. Heard Mr.N.P.Lambat, learned Counsel for the

appellant and Mr.A.B.Bambal, learned Counsel for

respondent nos. 1 to 5.

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2. This appeal is preferred against the Judgment and

Award passed by the Railway Claims Tribunal, Nagpur

Bench in Claim Application No.OA(IIu)/NGP/2009/0020,

dt.2.6.2010 whereby compensation in the sum of

Rs.4,00,000/- was awarded to the respondent.

3. Briefly stated the facts are as under :

Late Mr.Sheshrao Dangat was travelling on 1.4.2008

by Nizamabad-Pune passenger train from Umri to Nanded.

He fell down from the train between Umri and Shivangaon

Railway Stations due to jerk at the spot near KM 389/500

and sustained injuries and died. When claim was made for

the untoward incident of accident u/s.123(c)(2) of the

Railways Act, the Railway Administration resisted it on the

ground that the alleged incident of accidental fall was not

an untoward incident. Secondly, it is resisted on the ground

that the passenger was not holding railway ticket for the

travelling.

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4. Heard submissions advanced at the bar. Perused the

evidence as well as the Judgment and Award passed by the

learned Member of the Railway Claims Tribunal along with

police papers produced for perusal of the Tribunal. It

appears that deceased Sheshrao Dangat reportedly died

due to railway accident. Police Station, Umri had reported

to Taluka Maigstrate about accidental death A.D. No.3 of

2008, u/s.174 of the Code of Criminal Procedure. It appears

from the Accidental Death Report dt.1.4.2008 bearing

Outward No.669 of 2008 from Police Station, Umri, District

Nanded that police had received information from Station

Master, Umri about death of unknown person cut by

Railway Near KM 389/500 between Umri to Shivangaon.

Inquest panchanama drawn by police also indicated the

same before the dead body was referred for post mortem.

Common Detail Form mentioned the particulars of the

victim as Sheshrao, aged about 32 years, male and resident

of Gorttha, Tq.Umri, District Nanded along with other

details that spot of incident was between Railway track

near KM No.389/500. During recording of statement at the

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time of police inquiry, brother of deceased Madhukar

Ganpati Dangat had disclosed that his brother Sheshrao

went to Nanded from Umri Police Station. He started at

12.30 a.m. and Sheshrao was holding ticket as Madhukar

himself had taken Sheshrao to Umri Railway Station on

31.3.2008 at about 11.00 a.m. On the following day, at

about 6.00 a.m., Madhukar was informed about accident of

his brother Sheshrao. Post Mortem report also indicated

cause of death as death due to haemorrhage shock due to

multiple injuries (unnatural).

5. Ganpati Dangat had sworn in affidavit. Evidence in

support of the Claim Petition stated clearly that Sheshrao

had started his travelling from Umri to Nanded on 1.4.2008

at about 12.30 a.m. Police papers indicated the fact of

untoward incident and there was evidence in the form of

affidavit of Madhukar Dangat who was cross-examined on

behalf of the Railway Administration indicating that during

the midnight on 31.3.2008 and 1.4.2008 Madhukar had

been to Railway Station, Umri with Sheshrao to see off

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Sheshrao when he travelled from Umri towards Nanded.

Madhukar himself had purchased railway ticket from Umri

to Nanded for Rs.10/- and Sheshrao had put that railway

ticket in his pocket. Though Madhukar was not an eye

witnesses to the untoward incident, the evidence cannot be

disbelieved because it is well corroborated by police papers.

On behalf of the Railway Administration only one witness

G.Venkatramna was examined. He received telephonic call

from Subhash Khandre - a villager regarding dead body

noticed by him near KM. No.389/500. He then informed

Police Station, Umri about telephonic message received by

him. Thus, the Railway Administration relied upon the fact

that the untoward incident was informed to

G.Venkatraman, Assistant Station Master by the person of

the village namely Subhash Khandere. It is under these

circumstances that the claim was allowed by the learned

Member of the Tribunal.

6. It is argued on behalf of the Railway Administration

that the railway ticket was not recovered from the dead

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body. According to Madhukar, the Railway ticket was kept

by Sheshrao in his shirt pocket and hence, it was quite

possible that the ticket may have been lost during the

course of untoward incident when Sheshrao fell from the

Railway compartment. Merely because the railway ticket

was not found or recovered from the dead body, it cannot

be said that deceased Sheshrao was travelling without

railway ticket. A presumption do arise in favour of the

passenger travelling unless it is specific case by the Railway

Administration that the passenger was travelling without

ticket. There is always a presumption which ought to be

drawn in favour of the law abiding citizen that he was a

bona fide passenger unless a specific evidence can be

pointed out to the contrary. Such presumption necessarily

arise in case of a person found dead as a result of accident.

Though ticketless travel is an illegal act and it exposes the

traveller to penal action, unless Railway Administration

takes any penal action, the presumption that the passenger

had a valid ticket while travelling holds good. There is a

reason to believe that deceased Sheshrao Dangat while he

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was travelling from Umri to Nanded by Nizamabad-Pune

Passenger Train No.1322 fell down from the running train

and came under the wheels of the train and died on the

spot. In absence of any evidence to the contrary by or on

behalf of the Railway Administration and when police

papers corroborated the version of Madhukar Dangat

(brother of the deceased), who deposed in support of the

claim, the Judgment and Award by the learned Member

(Judicial) of the Railway Claims Tribunal, Nagpur awarding

statutory compensation in the sum of Rs.4,00,000/-

together with interest @ 7 % p.a. from the date of

application till realisation appears just and proper and no

interference in the impugned Judgment and Award is called

for. Hence, the appeal is found without merits. It is

accordingly dismissed. No order as to costs.

                                                 JUDGE





      jaiswal





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