Delhi High Court
Manharan Sahu & Anr vs Union Of India on 2 March, 2023
Neutral Citation Number : 2023/DHC/001530
* IN THE HIGH COURT OF DELHI AT NEW DELHI
FAO 434/2018
Reserved on : 23.02.2023
Date of Decision : 02.03.2023
IN THE MATTER OF:
MANHARAN SAHU & ANR ..... Appellants
Through: Mr. Siddharth Chauhan, Advocate
Versus
UNION OF INDIA ..... Respondent
Through: Mr. Ruchir Mishra, Mr. Mukesh
Kumar Tiwari, Ms. Reba Jena Mishra and
Mr. Sanjiv Kr. Saxena, Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J.
1. By way of present appeal filed under Section 23 of the Railway
Claims Tribunal Act, 1987 (hereinafter, referred to as the 'Act'), the
appellants have assailed judgment dated 21.02.2018 passed by the
Railway Claims Tribunal in O.A. (IIu) No.195/2017, whereby the claim
application filed by them was dismissed.
2. Learned counsel for the appellants contended that the Tribunal
erred in denying the claim of the appellants only on the ground that there
was some delay in the recovery of the journey ticket.
Digitally Signed
By:SANGEETA ANAND
Signing Date:02.03.2023
15:30:53
Neutral Citation Number : 2023/DHC/001530
3. Learned counsel for the respondent, on the other hand, supported
the impugned judgment by submitting that nobody had witnessed the
falling of the deceased from any train, as the body was found lying in an
injured condition. It was further contended that on the first page of the
panchanama, no recovery of the journey ticket was shown.
4. I have heard learned counsels for the parties and also gone through
the material placed on record.
5. The facts in brief are that in the claim application, it was claimed
that Kelash Sahu @ Nanu (deceased) undertook a train journey on
11.05.2017 from Bilaspur Junction to Hazrat Nizamuddin after
purchasing a valid journey ticket bearing No.55925046. On 12.05.2017,
when the train reached near Katiya Bridge between Jajau Railway
Station and Bhandai Railway Station, the deceased, who was standing
near the gate of the train compartment, fell down from the running train
due to sudden jerk and heavy push of passengers from the compartment,
resulting in grievous injuries and leading to his death.
The Tribunal, while rejecting the claim application, premised its
finding on the delay in recovery of the journey ticket as well as
uncertainty as to which train, if any, the deceased had boarded.
6. From the material on record, it is apparent that the first
information about the incident was given by one Shri Ram Niwas,
Muqaddam, at 06:32 hrs. to Dy. Station Superintendent of Jajau Railway
Station. It was reported that the person in question was lying in an
injured condition between Up and Dn Main lines. At that time, the
person was alive and taken to SNMC Hospital, Agra, for treatment.
Digitally Signed
By:SANGEETA ANAND
Signing Date:02.03.2023
15:30:53
Neutral Citation Number : 2023/DHC/001530
The panchanama (Ex.A-2) prepared on 13.05.2017 mentioned
recovery from the deceased of ticket bearing No.55925046 for journey
from Bilaspur Jn. to Hazrat Nizamuddin.
7. Thus, the presumption drawn by the Tribunal that the journey
ticket was procured and planted is without any rational basis. Simply
because the panchanama was prepared after a delay of few hours, it can
in no manner lead to a certain finding that the journey ticket was planted.
In view of the panchanama (Ex.A-2), which in fact was prepared by the
official(s) of the respondent, the finding of the Tribunal on the issue of
bonafide passenger is erroneous and liable to be interfered with.
8. Further, mere fact that the train in which the deceased undertook
the journey was not ascertained, the factum of him having been reported
to be found injured on the railway tracks between Jajau Railway Station
and Bhandai Railway Station cannot be ignored. It is pertinent that in the
DSC RPF, Agra Investigation Report, it was stated that the deceased
received injuries on account of fall from an unknown moving train
between Jajau-Bhandai. In the DRM Report as well, it was opined that
the deceased received injuries on account of fall from the train leading to
his death.
In this backdrop, the reasoning adopted by the Tribunal that the
claimant's assertion of fall having occurred on account of violent jerk
was liable to be disbelieved as it was generally adopted by many
claimants, as well as reliance on the fact that no passenger pulled the
emergency chain, does not find favour with this Court. In case of
unaccompanied travel of the injured/deceased, it is difficult for claimants
to prove the exact manner in which the accident took place and
Digitally Signed
By:SANGEETA ANAND
Signing Date:02.03.2023
15:30:53
Neutral Citation Number : 2023/DHC/001530
determination of 'untoward incident' is guided by attending
circumstances apparent from the record. Considering the material on
record, this Court is of the opinion that the deceased suffered an
'untoward incident' as defined under Section 123(c) of the Railways Act,
1989.
9. Accordingly, the appellants succeed. The appeal is allowed and the
impugned judgment dated 21.02.2018 is set aside. The matter is
remanded back to the concerned Tribunal for awarding compensation to
the appellants in accordance with law. Let the matter be listed at the first
instance before the Tribunal on 13.03.2023 and the compensation amount
be released to the appellants/claimants within two weeks thereafter.
10. The appeal is disposed of in the above terms.
11. The Registry shall communicate a copy of this judgment to the
concerned Tribunal forthwith for information.
(MANOJ KUMAR OHRI)
JUDGE
MARCH 02, 2023
na
Digitally Signed
By:SANGEETA ANAND
Signing Date:02.03.2023
15:30:53
