Delhi High Court
Union Of India vs Kallan Singh & Anr. on 16 November, 2022
Neutral Citation Number : 2022/DHC/004890
* IN THE HIGH COURT OF DELHI AT NEW DELHI
FAO 259/2021, CM. APPLs. 41866/2021 & 36797/2022
Reserved on : 10.11.2022
Date of Decision : 16.11.2022
IN THE MATTER OF:
UNION OF INDIA ..... Appellant
Through: Ms.Uma Prasuna Bachu, Advocate
Versus
KALLAN SINGH & ANR. ..... Respondents
Through: Mr.D.Sabharwal, Advocate
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J.
1. By way of the present appeal filed under Section 23 of the Railway
Claims Tribunal Act, 1987 (hereinafter, referred to as 'the Act'), the
appellant/respondent has challenged the order dated 07.04.2021 passed by
the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim
petition filed by the respondents/claimants was allowed and they were held
entitled to compensation.
2. Brief facts, as available on the record of the case, are that it in the
claim petition it was stated that on 23.06.2019, Sh. Akshay Kumar (the
deceased/son of the respondents) after purchasing a joint ticket travelled
from Ballabhgarh to New Delhi Railway Station in an EMU train. Sh.
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Akshay Kumar alongwith his friend Hemant Singh @ Sonu boarded an EMU
train. It was claimed that the train was over crowded for which reason both
were standing near the gate of the compartment. When the train arrived near
Mujesar level crossing, Sh. Akshay Kumar fell from the moving train and
died on the spot. It was claimed that journey ticket was lost in the incident.
Hemant Singh @ Sonu, who had undertaken journey alongwith the deceased
was witness to the incident stated that when the deceased fell, he had asked
other passengers to pull the emergency chain. Sh. Akshay Kumar was taken
to Civil Hospital, Faridabad where he was declared brought dead.
3. Learned counsel for the appellant submitted that as per the DRM
Report dated 27.02.2020, the cause of death was stated to be that Sh. Akshay
Kumar was probably hit by an oncoming train while crossing railway lines.
It was that contended the Tribunal while passing the impugned order failed
to appreciate the aforesaid Report since no ticket was found from the person
of the deceased.
4. Learned counsel for the respondents, on the other hand, has submitted
that on 23.06.2019, the deceased had travelled with co-passenger namely,
Hemant Singh @ Sonu, who had also appeared in the proceedings before the
Tribunal and fully supported the averments made in the claim petition.
5. Insofar as the issue relating to journey ticket not been found is
concerned, this Court deems it expedient to refer to the judgment of the
Supreme Court in Union of India v. Rina Devi reported as (2019) 3 SCC
572, wherein it was held as under:
"29. We thus hold that mere presence of a body on the
Railway premises will not be conclusive to hold that injured
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or deceased was a bona fide passenger for which claim for
compensation could be maintained. However, mere absence
of ticket with such injured or deceased will not negative the
claim that he was a bona fide passenger. Initial burden will
be on the claimant which can be discharged by filing an
affidavit of the relevant facts and burden will then shift on the
Railways and the issue can be decided on the facts shown or
the attending circumstances. This will have to be dealt with
from case to case on the basis of facts found. The legal
position in this regard will stand explained accordingly."
(emphasis added)
6. In the present case, the respondents/claimants have stated on affidavit
that the deceased had undertaken the journey after purchasing ticket for
himself and his friend Hemant Singh @ Sonu. In the proceedings, Hemant
Singh @ Sonu appeared and stated that on 23.06.2019 he had undertaken the
train journey from Ballabgarh to New Delhi on a joint journey ticket. He
further stated that he was witness to the incident of the deceased falling from
the moving train on account of train compartment being over crowded.
7. This Court is of the opinion that in view of the dicta of the aforesaid
judgment in Rina Devi (Supra), the respondents have discharged their initial
burden with respect to deceased having purchased the journey ticket which
was eventually lost.
8. The only contention raised by the learned counsel for the appellant
that the deceased was not travelling in the EMU train and as per the DRM
report had received the fatal injuries while crossing the railway line, is
contrary to the material placed on record and categorical statement of
Hemant Singh @ Sonu. The statement of Hemant Singh @ Sonu finds
support from the DRM Report wherein it was mentioned that the EMU train
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had stopped on account of the ACP i.e., Accident Chain Pulling.
Additionally, Mahesh Kumar, the Guard of EMU Train No. 64017 as well as
the Driver had also stated that the train had stopped on account of the ACP.
The initial enquiry done at the spot of the incident also revealed that as per
the Station Master Memo as well as DCR Register of RPF Post, Faridabad,
the dead body was found lying between Up and Dn (up and down) main line
in Faridabad Yard. The dead body was identified by Hemant Singh @ Sonu.
To the similar extent is the statement given by Pramod Kumar, Gate Man at
Mujesar Fatak to the Investigating Officer. In view of the aforesaid, the
conclusion reached in the DRM report about probable cause of death of the
deceased is fallacious and contrary to the record.
9. Consequently, this Court is of the opinion that no ground is made out
to interfere with the finding recorded in the impugned order and the same is
upheld. The appeal being devoid of merit, is dismissed. Pending applications
are disposed of as infructuous.
10. Let the compensation amount be released to the respondents/claimants
forthwith alongwith interest accrued thereupon, if not already done.
11. A copy of this judgment be forwarded to the concerned Tribunal for
information.
(MANOJ KUMAR OHRI)
JUDGE
NOVEMBER 16, 2022
v
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