Delhi High Court
Mukesh Kumar & Ors vs Union Of India on 4 January, 2018
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 4th January, 2018
+ FAO 54/2015
MUKESH KUMAR & ORS ..... Appellants
Through: Mr.Anshuman Bal, Advocate
versus
UNION OF INDIA ..... Respondent
Through: Mr. Joydeep Mazumdar, Lead
Counsel for Northern Railways with
Mr.Debojyoti Bhattacharya,
Mr.Kamlesh Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. The appellants have challenged the judgment dated 03rd September,
2014 whereby the Railway Claims Tribunal dismissed the appellants'
application for compensation.
2. The appellants are the widow, sons and daughters of late Krishan
Murari. The appellants filed an application for compensation before the
Railway Claims Tribunal claiming that Krishan Murari was going from
Palam to Rewari in a passenger train on 16th November, 2012; he was
standing near the gate and fell down due to heavy rush near Patli Railway
Station.
3. The respondent contested the claim on the ground that the deceased
was not a bona fide passenger. According to the Railways, the deceased was
found crying on the platform stating that his sons and daughters-in-law have
thrown him out of the house after beating him and he jumped in front of
train No.54416 to commit suicide. The driver of the train stopped the train
and the injured, Krishan Murari was taken to the Civil Hospital, Gurgaon
from there he was shifted to Safdarjang Hospital, New Delhi, where Krishan
Murari succumbed to his injuries in the course of his treatment.
4. The Claims Tribunal held that the deceased was not a bona fide
passenger and the accident is not an untoward incident within the meaning
of Section 123(c) of the Railways Act as he jumped in front of the train. The
Claims Tribunal further observed that the deceased had not boarded any
train, though a ticket was recovered from him. The Claims Tribunal further
observed that the deceased was hit by Rewari Delhi Passenger Train
No.54416 going in the opposite direction and not by the train in respect of
which the alleged train ticket was recovered. The Claims Tribunal relied
upon the DRM Report - Ex.R-1; statement of Station Master; statement of
driver; statement of guard of the train as well as the statement of RPF
constables. The relevant portion of the impugned judgment is reproduced
hereunder:
"The respondent has filed the DRM report, Ex.R-1 which admits
recovery of railway ticket no.93331 from Palam to Rewari from the
injured person. Ex.A-3 and Ex.A-4 also show recovery of said ticket
from the injured. The copy of RPF diary dated 16.11.12 enclosed with
the DRM report records recovery of this ticket and the same has been
certified to have been issued from Booking Office, Palam on 16.11.12
in 6.00 to 14.00 hours shift. However, as per the DRM report, inquiry
in this case has received that one old person had jumped in front of
54416 Rewari - Delhi passenger train when the said train was
entering Patli railway station at 14.32 hours and got entangled in the
wheel of engine of the train. The driver stopped the train and the
injured passenger was extricated from under the train. The driver
informed the on duty Station Master Patli and Guard of the train. The
passengers on the platform told that this old person was weeping on
the platform saying that his sons and daughters-in-law have beaten
him out of the house. The injured person was brought to Gurgaon by
the same train and was admitted to Civil Hospital, Gurgaon from
where he was referred to Safdarjang Hospital, New Delhi, where he
died in the course of his treatment. The report of Inspector, RPF
enclosed with the DRM report also states the same.
10. The statements of the Driver and the Guard of train no. 54416
Rewari - Delhi passenger are enclosed with the DRM report, Ex.R-1
stating that when the train was entering Patli railway station, an old
man had jumped in front of the engine of the train and got entangled
between the cattle guard and the wheel of the engine of the train and
was extricated with the help of persons on the platform and was
brought to Gurgaon railway station in the brake van of the same
train. The statements of Karni Singh, on duty Station Master, Patli
and Manoj Kumar, RPF constable, Gurgaon, who got the injured
admitted in the Civil Hospital Gurgaon are also enclosed with the
DRM report which corroborate the statements of the Driver and the
Guard of the train. The DRM report which contains copy of the
control message issued by on duty S.M. Patli on 16.11.12, copy of
memo dated 16.11.12 issued by Station Master, Gurgaon, copy of
register of RPF post, Gurgaon dated 16.11.12 relating to this incident
and the copy of DD no.25 dated 16.11.12 of GRP, Gurgaon, which all
show that one person had jumped in front of train no. 54416 when the
train was entering Patli railway station and was brought to Gurgaon
in the brake van of the same train. These documents clearly show that
the deceased did not sustain injuries due to fall from the train while
travelling from Palam to Rewari in a passenger train as averred by
the applicants. On the contrary the incident occurred by 54416
Rewari- Delhi passenger train going in the opposite direction and
because the deceased jumped in front of the train engine of the said
train. Although a journey ticket from Palam to Rewari was recovered
from the deceased, but he was not a bona fide passenger of the train
by which the incident occurred. Also the deceased did not sustain
injuries due to any accidental fall from a passenger train amounting
to an untoward incident with in the ambit of Section 123(c) of the
Railways Act. In the circumstances, it is held that the applicants have
failed to show that the deceased Krishan Murari was a bond fide
passenger of the train at the time of the incident and this death was
due to an accidental fall from a train amounting to an untoward
incident with in the ambit of Section 123(c)read with Section 124-A of
the Railways Act."
5. Learned counsel for the appellants urged at the time of hearing that
the deceased was going from Palam to Rewari in a passenger train with a
valid ticket; he was standing near the gate; he fell down due to heavy
rush/sudden jerk and suffered fatal injuries.
6. Learned counsel for the respondent urged at the time of the hearing
that the deceased jumped in front of Rewari Delhi Passenger Train
No.54416 to commit suicide. It is further submitted that the deceased was
found crying at the platform before the alleged accident saying that he has
been beaten by his sons and daughters-in-law who have thrown him out of
the house. It is submitted that the deceased was not a bona fide passenger
and the alleged accident is not an untoward incident.
7. The record of the Claims Tribunal has been perused. As per the report
of the DRM-Railways, the deceased jumped in front of train No.54416-
Rewari Delhi Passenger Train, which resulted in fatal injuries. The DRM
has relied upon the statements of the Station Master, statements of driver and
guard of the train and the statements of the Railway Police Force Constables.
The statements annexed to DRM report have been perused.
8. This Court is of the view that the deceased was not traveling by any
train and he jumped in front of the train. The deceased was not a bona fide
passenger and the alleged accident is not an untoward incident. Although a
ticket was recovered from the deceased but he was not travelling by the
alleged train. The train with which the deceased met with an accident was
going in opposite direction. There is no infirmity in the well-reasoned
findings of the Claims Tribunal.
9. There is no merit in this appeal, which is hereby dismissed.
J.R. MIDHA
JANUARY 4, 2018 (JUDGE)
