Smt.Dikari Devi vs Union Of India
2021 Latest Caselaw 3978 Mad

                                                                                C.M.A.No.1489 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 17.02.2021

                                                        CORAM

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 C.M.A.No.1489 of 2015

            1.Smt.Dikari Devi
            2.Nira Kumari
            3.Vishnu
            4.Anjali
            5.Bhim Singh
            6.Smt.Beluma                                                      … Appellants
                                                           Vs.

            Union of India,
            Owning Southern Railway,
            Rep by its General Manager,
            Chennai 600 003.
                                                                              ... Respondent

            Prayer : Civil Miscellaneous Appeal filed under Section 23 of Railway Claims Tribunal
            Act, 1987, against the order dated 24.02.2015 passed by the Railway Claims Tribunal,
            Chennai Bench in O.A.(II-U) No.114 of 2014.

                                     For Appellants    : Mr.T.Raja Mohan

                                     For Respondent    : Ms.T.P.Savitha


                                                      JUDGMENT

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1489 of 2015

The order dated 24.02.2015 passed in O.A (II-U) No.114 of 2014, is under

challenge in the present civil miscellaneous appeal.

2. The appellants are the claimants filed application on the ground that the

deceased was a native of Manikoti Village in Doti District of Nepal. The deceased along

with his wife and parents had come down to Guduvanchery and settled with a private

job in a theatre at Guduvanchery. That on 27.06.2013, the deceased informed his wife

that he was going to Potheri to meet his friends and left the house. The applicants came

to know from the Tambaram Railway Police that the deceased, prior to 09.30 a.m. While

traveling in a train by standing near the entrance, due to heavy rush, speed, jerk and jolt

of the train, between Guduvanchery and Potheri Railway Stations, accidentally fell

down from the running train, suffered (1) crush and cut injury at lower part of both the

thighs, (2) grievous injury on head with heavy discharge of blood, died at the place of

occurrence. It was an untoward incident. The second class ticket purchased by the

deceased for his travel from Guduvanchery to Potheri was said to have been lost at the

time of accident and the same could not be retrieved by the police.

3. The final report filed by the police reveals that the body was found in the

middle of the track and it was an accidental death. The Railway Tribunal considered the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1489 of 2015

facts and circumstances and arrived a conclusion that the deceased died possibly while

crossing the railway track. Therefore, the Railway is not liable to pay compensation as

he was not a bonafide passenger.

4. This Court has to consider the facts and the reports of the DRM and other

relevant records for the purpose of arriving a conclusion in this regard. The learned

counsel for the respondent Railways produced the statement of one Mahadevan,

Trackman / informant. The said informant in clear terms intimated to the authorities that

the body of the deceased was found in the middle of the track and the said accident

might have been occurred while crossing the railway track by the deceased. It is clearly

stated that the body of the deceased found in the middle of the railway track and further

due to the hit, the body was thrown away and it was found crushed.

5. Considering the nature of the accident as well as the injury sustained, an

investigation was proceeded by the Railway authorities. The DRM report dated

18.08.2014 reveals that Shri.Dharme paul, aged about 30 years, s/o Bhimsingh, No.6,

Pillayarkovil Street, Arul Nagar, Guduvanchery, Kancheepuram District, might have

crossed the railway track in careless or negligent manner near KM-43/7 down line track

between the CTM to GI Railway Stations may be hit, run over and killed on the spot by

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1489 of 2015

and EMU train. The deceased person was not in possession of valid railway pass or

railway ticket. Thus, the accident occurred due to trespass in railway track in a careless

and negligent manner.

6. This Court is of the opinion that there is every reason to believe the conclusion

of the DRM in this regard, in view of the fact that the deceased was residing in

Guduvanchery, very nearby to the accident place. This apart, the way in which the body

was identified by the Trackman and the opinion of the Trackman while providing

information to the higher authorities reveal that the accident occurred while crossing the

railway track by the deceased.

7. This being the factum established, the factual inference drawn by the Railway

Tribunal is in consonance with the documents and evidences available on record and

therefore, this Court does not find any perversity or infirmity as such. Accordingly,

O.A.(II-U) No.114 of 2014 stands confirmed and C.M.A.No.1489 of 2015 stands

dismissed. No costs.

17.02.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1489 of 2015

S.M.SUBRAMANIAM, J.

gsk

To

1.The General Manager, Union of India, Owning Southern Railway. Chennai.

2.The Railway Claims Tribunal, Chennai Bench.

C.M.A.No.1489 of 2015

17.02.2021

https://www.mhc.tn.gov.in/judis/