Uoi & Ors. vs Muneshwar Mahto
2016 Latest Caselaw 7275 Del

$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                              Date of Decision: 06th December, 2016

+        FAO 387/2008

         UOI & ORS.                                ..... Appellants
                           Through:    Ms. Geetanjali Mohan,
                                       Advocate

                                 versus

         MUNESHWAR MAHTO                          ..... Respondent
                    Through:           Mr. Dinesh Kumar, Advocate


         CORAM:
         HON'BLE MR. JUSTICE J.R. MIDHA


                         JUDGMENT (ORAL)

1. The appellants have challenged the order dated 02nd May, 2008, whereby the learned Railway Claims Tribunal has awarded compensation of Rs.4 lakh to the respondent.

2. On 05th August, 2003, the deceased, late Jitendra Mahto purchased a ticket for travelling from New Delhi to Barauni Junction. During the course of his travel, the deceased changed his train on 06 th August, 2003 at Hajipur Railway Junction and boarded train No.514DN. The deceased fell from the overcrowded train at Mahnar Railway Station. The deceased was survived by his father who filed application for compensation before the Railway Claims Tribunal, Delhi.

3. The Railway Claims Tribunal held that the deceased was a bona fide passenger and he died due to the fall from the train which incident squarely falls within the definition of "accidental fall" under Section 123(c)(2) of the Railway Act, 1989.

4. Learned counsel for the appellants urged at the time of hearing that the deceased was negligent and, therefore, the respondent's claim does not fall within the purview of Section 124A of the Railways Act, 1989.

5. This Court is of the view that this case squarely falls within the ambit of Section 124A of the Railways Act, 1989. There is no infirmity in the findings of the Railway Claims Tribunal.

6. There is no merit in this appeal, which is hereby dismissed.

7. The appellant has deposited Rs.4,18,542/- with the Registrar General of this Court in terms of the order dated 18 th November, 2008 which is lying in fixed deposit.

8. Learned counsel for the appellants submit that the appellant's wife filed an application for compensation before Railway Claims Tribunal, Patna Bench, which was dismissed on 23 rd July, 2008. Copy of the order dated 23rd July, 2008 is handed over and taken on record.

9. Learned counsel for the respondent submits that the deceased was unmarried. Let an affidavit in this regard be filed by the respondent.

10. Issue Court notice to Munni Devi, Village and Post Office Jandaha, Hospital Road, District Vaishali, Bihar, returnable on 30 th January, 2017.

11. Copy of this judgment be sent to Munni Devi along with Court notice.

DECEMBER 06, 2016                                  J.R. MIDHA, J.
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