Madras High Court
Sekar vs The Union Of India Owning on 19 February, 2021
C.M.A.No.2957 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.2957 of 2019
Sekar ..Appellant
Vs.
The 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 praying to set aside the order dated
26.04.2019 passed by the Railway Claims Tribunal, Chennai Bench in
OA (II-U) No.122 of 2018, granting an award for the statutory
compensation of Rs.8,00,000/- with interest at 12% p.a., from the date of
filing of the claim application viz., 16.07.2018 till the date of payment
and the costs of the proceedings.
For Appellant : Mr.R.Sekaran
For Respondent : M/s.T.P.Saritha
1/6
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C.M.A.No.2957 of 2019
JUDGMENT
The judgment dated 26.04.2019 passed in OA (II-U) No.122 of
2018 is under challenge in the present Civil Miscellaneous Appeal.
2. The appellant is the claimant and the appeal is filed based on
the following facts that the deceased was a native of E.Ramanathapuram
Village of Lalkudi Taluk of Trichy District. He was unemployed. That
on 23.07.2017 in the night, he informed his father that he was going to
Chennai for an interview for a job at Singapore and left the house. The
applicant came to know from the Virudhachalam Railway Police that the
deceased, after attending the interview, in order to return, by purchasing
unreserved ticket on 24.07.2017 at about 09.30 p.m. boarded in Rockfort
Express and traveled in a general compartment. Prior to 03.00 hrs of
25.07.2017 when the train was proceeding between Sillakudi and
Kallagam Railway Stations at KM 282/00-01, due to speed, jerk and jolt
of the train, the deceased accidentally fell down from the running train,
suffered grievous head injury causing skull breakage and heavy
discharge of blood, died at the place of occurrence. The death was
noticed by the SSE/P way of Lalkudi R.S and reported for further action.
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C.M.A.No.2957 of 2019
It was an untoward incident. The II class ticket purchased by the
deceased for his travel from Chennai to Trichy was said to have lost at
the time of shifting him to hospital.
3. The Tribunal adjudicated the issues with reference to the
documents and evidences. The Tribunal considered the contradictions in
factual events and arrived a conclusion that the appellant / claimant had
not established that the deceased was a bonafide passenger and further
not established that an untoward incident within the meaning of the
Railways Act. The factual contradictions lead to serious doubt regarding
the untoward incident and accordingly, the Tribunal rejected the
application.
4. The learned counsel for the appellant made a submission that
the inquest report reveals that the accident occurred. The final report
also states that the accident occurred due of falling down from running
train. The postmortem report also reveals that the deceased sustained
fatal injuries and died. Therefore, the Tribunal committed an error in
rejecting the application.
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C.M.A.No.2957 of 2019
5. The learned counsel for the respondent / railways even raised a
doubt regarding the Final Investigation Report registered. As per the
copy of the F.I.R, it was registered on 25.07.2017 at 03.00 hrs.
However, contents of the F.I.R reveals that the information itself was
given by one Sekar on 26.07.2017 at about 18.00 hrs. Thus, there is a
serious doubt about the registration of F.I.R in accordance with the facts
and circumstances. Even assuming that the date is mistakenly stated as
26.07.2017, contents of the F.I.R reveals that the father of the deceased
himself found body of his son only on 26.07.2017 at about 03.00 hrs.
Entire reading of the F.I.R itself reveals that the contents recorded is
improper and therefore, there is a serious doubt even in registration of
F.I.R by the Police. The F.I.R as well as the contents in the F.I.R raised a
serious doubt and therefore, this Court cannot be trusted upon the
genuinity of F.I.R with reference to the facts and circumstances.
6. Mere inquest report alone cannot be relied upon to arrive a
conclusion. Inquest Report as well as Final Report must be corroborated
with the other evidences as well as the facts and circumstances. The
Tribunal considered all the documents as well as the deposition of the
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C.M.A.No.2957 of 2019
witnesses. The findings of the Tribunal reveals that the contentions of
the appellant/claimant are unable to believe in view of the fact that the
deceased had taken the train ticket on 24.07.2017 from Chennai for his
travel to native village. If he had undertaken such a journey, the body
would have been found lying at the place where it was later found right
from 03.00 hrs. When the train had passed Lalgudi, it is most unlikely
that the Railway Staff, who was doing patrolling duty did not see the
dead body the whole of 25.07.2017 and even the telephone details are
unable to be verified. Therefore, the Tribunal arrived a conclusion that
the unusual incident that the body has not been noticed during the whole
day on 25.07.2017 and seen only by the noon of 26.07.2017. Even the
tickets were also not retrieved.
7. This being the factum, the Tribunal considered the principles
laid down by the Hon'ble Supreme Court of India in the case of Union
of India vs Rina Devi and rejected the application. Thus, this Court do
not find any perversity or infirmity as such in the finding of the
Tribunal.
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C.M.A.No.2957 of 2019
S.M.SUBRAMANIAM, J.
Pns
8. Accordingly, judgment dated 26.04.2019 passed in O.A.(II-U)
No.122 of 2018 stands confirmed. Consequently, C.M.A.No.2957 of
2019 stands dismissed. No costs.
19.02.2021
Pns
Index: Yes/No
Internet:Yes/No
Speaking order/Non speaking order
To
1. The General Manager,
Union of India owning,
Southern Railway, Chennai – 600 003.
2. The Railway Claims Tribunal, Chennai Bench.
C.M.A.No.2957 of 2019
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