Madhya Pradesh High Court
Smt. Aerum Ali vs Union Of India on 22 August, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 22 nd OF AUGUST, 2023
MISC. APPEAL No. 2001 of 2021
BETWEEN:-
1. SMT. AERUM ALI W/O LATE SHRI AHAMED ALI,
AGED ABOUT 39 YEARS, OCCUPATION: HOUSE
WIFE, R/O HOUSE NO. 1009 WARD NO.24 NEAR
C.M.D. COLLEGE BASHEER AHAMED COMPLEX
LINK ROAD DISTT. BILASPUR (CHHATTISGARH)
2. ZAID AHAMED S/O LATE AHAMED ALI, AGED
ABOUT 12 YEARS, MINOR THROUGH NATURAL
GUARDIAN LATE AHAMED ALI AGE 39 HOUSE NO.
1009 WARD NO.24 NEAR C.M.D. COLLEGE
BASHEER AHAMED COMPLEX LINK ROAD DISTT.
BILASPUR (CHHATTISGARH)
3. ZAKI AHAMED S/O LATE AHAMED ALI, AGED
ABOUT 8 YEARS, MINOR THROUGH NATURAL
GUARDIAN LATE AHAMED ALI AGE 39 HOUSE NO.
1009 WARD NO.24 NEAR C.M.D. COLLEGE
BASHEER AHAMED COMPLEX LINK ROAD DISTT.
BILASPUR (CHHATTISGARH)
4. SHOKAT ALI S/O LATE MOHAMMAD ALI, AGED
ABOUT 71 YEARS, OCCUPATION: MECHANIC
HOUSE NO. 1009 WARD NO.24 NEAR C.M.D.
COLLEGE BASHEER AHAMED COMPLEX LINK
ROAD DISTT. BILASPUR (CHHATTISGARH)
5. SMT.MEHAMUDA BEGUM W/O SHOKAT ALI,
AGED ABOUT 68 YEARS, R/O HOUSE NO. 1009
WARD NO.24 NEAR C.M.D. COLLEGE BASHEER
AHAMED COMPLEX LINK ROAD DISTT.
BILASPUR (CHHATTISGARH)
.....APPELLANTS
(BY SHRI DEVENDRA SINGH THAKUR - ADVOCATE)
AND
UNION OF INDIA THR. GENERAL MANAGER SOUTH
EAST CENTRAL RAILWAY, BILASPUR DISTT. BILASPUR
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 23-08-2023
14:40:36
2
(CHHATTISGARH)
.....RESPONDENTS
(BY SHRI HARSHWARDHAN SINGH RAJPUT - ADVOCATE)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
This appeal is filed by the appellants/claimants being aggrieved of
judgment dated 22nd November, 2019 passed by learned Railway Claims
Tribunal, Bhopal Bench, Bhopal in OA-llu/BPL/289/2017 on the ground that
claim case has been dismissed as deceased sustained self-inflicted injuries.
This finding is recorded on the basis of the evidence of two of the porters of
the railway authorities namely Porter Jitendra Paswan and Porter Hem Singh
Kanwar.
2. Reading from the evidence of Jitendra Paswan and Hem Singh Kanwar,
it is pointed out that they are hearsay witnesses. They did not saw the decease
jumping out of the train. They had only heard certain persons in the crowd
narrating this fact. They could not give names of those persons who had
narrated such facts to them. Therefore, it is submitted that in light of the
judgment of Hon'ble Supreme Court in the case of Union of India Vs.
Prabhakaran Vijaya Kumar and others, 2008 ACJ 1895 wherein it is held
that deceased if dies due to accidental falling from the train, then it is covered
under the definition of "untoward incident" and railways are liable to
compensate. It is held that the Railway Claims Tribunal Act is a beneficial or
welfare statute and where two constructions are possible, then one which in
consonance with the object of the Act and for the benefit of the person for
whom the Act was made should be preferred.
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 23-08-2023
14:40:36
3. Shri Harshwardhan Singh Rajput, learned counsel for the respondent,
supports the impugned judgment and submits that best evidence was produced
by the railway authorities. Both the witnesses narrated what they had heard
from the crowd, therefore, no indulgence is required in the judgment.
4. After hearing learned counsel for the parties and going through the
record, it is evident that witness Jitendra Paswan specifically admitted that he
had not seen the deceased jumping from the train with his own eyes. He said
that other persons had seen him deboarding from the running train but he did
not give name of such persons. It is admitted fact that deceased was travelling
on a valid journey ticket. There is no rebuttal to the fact that he was pushed out
of the train due to crowd in the train. Thus, the law laid down by Hon'ble
Supreme Court in the case of Prabhakaran Vijaya Kumar and others
(supra) will be applicable in full force. Thus, impugned judgment deserves to
be set aside and the same is set aside. It is held that the accident was due to
untoward accident. Claimants are entitled to compensation as per the scale
which was applicable on the date of the accident. Amount of compensation be
paid within 30 days along with 6% interest from the date of judgment of learned
Railway Claims Tribunal till the date of actual payment.
5. In above terms, this miscellaneous appeal is disposed of.
6. Record of the Railway Claims Tribunal be sent back immediately.
(VIVEK AGARWAL)
JUDGE
ts
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 23-08-2023
14:40:36
