Gujarat High Court
Mala Kiran Dantani vs Union Of India on 23 July, 2025
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C/FA/291/2020 ORDER DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 291 of 2020
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MALA KIRAN DANTANI & ORS.
Versus
UNION OF INDIA
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Appearance:
MR KUNAL M SHAH(5588) for the Appellant(s) No. 1,2,3,4,5,6,7
MR PJ MEHTA(467) for the Appellant(s) No. 1,2,3,4,5,6,7
MS ARCHANA U AMIN(2462) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 23/07/2025
ORAL ORDER
1. Heard learned advocate Mr. P. J. Mehta for the appellants
and learned advocate Ms. Archana Amin for the
respondent. Perused the record.
2. The challenge in the present appeal is by the appellants -
original applicants challenging the judgment and award
dated 18.11.2019 passed by learned Railway Claims
Tribunal, Ahmedabad in Claim Application No.OA/2016/205.
3. The facts in brief of the case are as under:
* On 19-04-2014, deceased was travelling from
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Palanpur to Bhuj with a valid railway ticket in general
compartment of train bearing No.59426, named
Palanpur Bhuj Passenger. As the train reached at
platform No.1 of Samakhiyali Railway Station,
deceased got down from the train to drink water
while re-boarding the compartment, as the train
suddenly started moving from platform No.1, because
of the sudden jerk and jolt of train, deceased lost his
balance and accidentally fell down from the train.
Resultantly, deceased sustained multiple crushed
injuries.
* On 28-04-2014, the deceased passed away. The
legal heirs and representatives of the deceased filed
a claim application under Section 16 of Railway
Claims Tribunal Act read with Section 124A of
Railways Act. The respondent Railway authorities
appeared and filed Written Statement and DRM
report. Issues were framed by learned Tribunal.
Affidavit of statement was submitted by claimant.
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Railway authorities examined Station Master.
* After considering the evidence on record,
learned Tribunal dismissed the claim application.
* Being aggrieved and dissatisfied with the
impugned judgment and award, the claimants -
appellants have filed the first appeal.
4. Learned advocate for the appellants - claimants submitted
that on 19-04-2014, deceased was travelling from Palanpur
to Bhuj with a valid railway ticket in general compartment of
train bearing No.59426, named Palanpur Bhuj Passenger and
when the train reached at platform No.1 of Samakhiyali
Railway Station, deceased got down from the train to drink
water and while re-boarding the train, due to sudden jolt and
jerk of the train, deceased lost balance and fell down.
Resultantly. deceased sustained crushed injuries and died
on 28-04-2014. The GRP, Gandhinagar prepared Inquest
Panchnama and also prepared Panchnama of the place of
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incident. It is submitted that the deceased passed away in
an untoward incident and the affidavit stating facts
submitted by the widow of deceased has remained
unchallenged as the claimant was not cross-examined by
railway authorities.
5. It is further contended that as per Rule 4 of Railway
Passengers (Manner of Investigation of Untoward Incidents)
Rules, 2003 casts duty upon Station Master, Guard,
Conductor and Train Ticket Examiner In-Charge of the train.
As per sub-rule (1) of Rule 4, if an untoward incident occurs
at the station, the concerned station superintendent shall
immediately report such incident within 24 hours of the
occurrence to the Divisional Security Commissioner in Form-
I. The form-I was filled up by Station Superintendent on
20.6.2016. Form-II was also filled up by SIPF-GIM after 24
hours of the occurrence of an untoward incident. The oral
deposition of the witness who has been examined by the
respondent also states that Mr. Arvind Kumar, Assistant
Station Master on 19.4.2014, was on duty. As per his
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statement, the body of an unknown person was found at
platform No.1, but the said witness does not state in specific
terms as to when the incident was reported as per sub-rule
(1) of Rule 4. The fact of the occurrence of an untoward
incident has not been controverted by leading cogent and
convincing evidence by Railway authorities and therefore a
presumption is required to be drawn that the untoward
incident had occurred on 19-04-2014 and while re-boarding
the train, due to jerk and jolt of the train, deceased fell down
from the train and sustained crushed injuries. The DRM
report further strengthens the case of the claimant. The said
DRM report dated 26-08-2016 indicates that on 19-04-2014,
the deceased while trying to board a running train lost
balance and crushed under the train. The said DRM report is
after almost 2 years of the occurrence of incidents. The DRM
report is not the conclusive proof to disclaim the claimants
from claiming compensation. No other submissions are
made except the above.
6. Per Contra, learned advocate for the respondent - Railway
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Authority has supported the judgment and award. It is
contended by learned advocate for the respondent that
DRM report dated 26-08-2016 was submitted after
investigation and on investigation, it was found that the
deceased was in a drunken condition and while trying to
board the train lost balance and died. The accident has
occurred due to negligence on the part of the deceased and
therefore the incident doesn't fall within the definition of an
untoward incident as defined under the Act. It is further
contended that the alleged incident has occurred at
Samakhiyali Railway Station at 18.45 hours, whereas, the
memo of information of lying a body at line No.1 was given
on 28-04-2014 at 6.15 hours. It is contended that for almost
12 hours, the incident of falling down from a train could not
gone unnoticed by any persons of Railway Administration.
No other submissions are made except the above.
7. I have considered the submissions canvassed by learned
advocates for the respective parties and perused the Record
& Proceedings.
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8. The deceased, as per the affidavit of statement of fact, was
travelling from Palanpur to Bhuj with a valid ticket on 19-04-
2014 by a train bearing No.59426 Palanpur-Bhuj Passenger
Train. As the deceased, after drinking water at Samakhiyali
Railway Station, while re-boarding the train due to jerk and
jolt of train lost balance and fell down from the train.
Undisputedly, GRP Gandhidham entered the incident in its
register and thereafter Inquest Panchnama was carried out
and Panchnama of the place of incident was also carried out.
The DRM report, undisputedly, is dated 26-08-2016 which is
almost after a period of 2 years of the happening of the
incident. As per Sub-Rule (1) of Rule 4 of Railway Passengers
(Manner of Investigation of Untoward Incidents) Rules, 2003,
if an untoward incident occurs at the station, duty is cast
upon the station superintendent to immediately report such
incident within 24 hours to the Divisional Security
Commissioner in Form-I. Form-I which is placed on record at
page No.145 of the Record and Proceedings reflects the date
of filling up Form-I is 20-06-2016. Form-II was filled up by
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SIPF-GIM without mentioning any date.
9. It appears from the Record that the Railway Administration
has failed to report the incident within 24 hours of the
occurrence of an untoward incident. The DRM report, which
is placed on record and which has been heavily relied upon
by Railway Administration is prepared without mentioning
about whose statements were recorded and without
substantiating any reasons. The DRM report states that as
per the statement of the wife of deceased, deceased was in
a drunken condition and while trying to re-board in train, he
fell down which is a sole negligence on the part of deceased.
When a specific mention is made in DRM report that the
deceased was in a drunken condition and has remained
negligent, heavy burden lies upon the Railway
Administration to discharge the same. As observed earlier,
Railway Administration has neither cross-examined the
claimant nor led any evidence in support of the DRM report.
The learned Commissioner has considered a fact which is
mentioned in the DRM report that the GRP / GIM after
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getting the postmortem done at Government Hospital, gave
dead body to the family members of deceased on 20.4.2014.
Without any evidence on record with regard to report of the
occurrence of untoward incident within 24 hours, learned
Commissioner has committed an error in relying upon such
giving away the dead body to the family members of the
deceased by GRP/GIM on 20.4.2014.
10. Learned tribunal has observed in the decision that various
statements of relatives were recorded during investigation
and but no such statements of relatives or any other persons
have been produced by Railway Administration before the
learned Tribunal. Without any evidence that the deceased
was trying to board in a running train and the incident has
occurred due to negligent act of the deceased, the claim of
the claimant cannot be rejected.
11. The record reveals that the incident had occurred on
19.4.2014 and in absence of any contrary evidence placed
on record by Railway Administration, it is established by
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claimants that the incident is an untoward incident and,
therefore, the Railway Administration is liable to compensate
claimants. The learned Tribunal has committed an error of
interpreting facts and the Rules and erred in dismissing the
claim application.
12. In view of above, the present appeal is allowed. Thereby, the
judgment and award dated 18.11.2019 passed by learned
Railway Claims Tribunal, Ahmedabad in Claim Application
No.OA/2016/205 is quashed and set aside.
13. Record & Proceedings, if any, be sent back to the concerned
Court forthwith. No order as to costs.
(D. M. DESAI,J)
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