Madras High Court
Bagavathy vs Union Of India Through on 19 February, 2021
C.M.A.No.762 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
C.M.A.No.762 of 2019
1.Bagavathy
2.Sekar .. Appellants
vs.
Union of India through
General Manager,
Southern Railway
Chennai. .. Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 23 of Railway
Claims Tribunal Act, 1989 against the order dated 19.07.2018, passed in
O.A.(II)U.No.5 of 2017 on the file of the Railway Claims Tribunal, Chennai
Bench.
For Appellants : Mr.Selvirajesh
For Respondents : Mr.Vijay Anand
1/7
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C.M.A.No.762 of 2019
ORDER
The Judgment and decree dated 19.07.2018, passed in O.A.(II)U.No.5 of
2017 is under challenge in the present Civil Miscellaneous Appeal.
2. The claimants are the appellants. The application was filed on the
ground that “the deceased was an electrician working in a private company
at Erode. On 29.09.2014 night at about 8.00 P.M., the deceased along with
his friend Sunesh with intent to go to his native place they came to Karur
Railway Station and procured ordinary open ticket for them to travel from
Erode-Jn to Tirunelveli (Ticket No.839607719) and travelled in Train
No.16610 Coimbatore-Nagercoil Express. The train was heavy crowded due
to non availability of seat in unreserved general compartment they sit the
floor inside the compartment and slept. On 30.09.2014 early hours the train
came to Ampathurai Railway Staton Platform No.3, the deceased went to
toilet for natural call but simultaneously due to high speed, heavy crowd and
jerk and jolt of the train the deceased accidently fell down from the running
train at km.443/900-444/000 and sustained brain and fatal injuries all over
the body he died at spot. On arrival of Tirunelvei Railway Station, the co-
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C.M.A.No.762 of 2019
passenger searched the deceased and informed his house in the afternoon
they come to know about the incident”.
3. The learned counsel appearing for the appellants made a submission
that the photo copy of the ticket was produced by the appellants which was
not taken into consideration by the Railway Tribunal. This apart, the
accident occurred due to the sudden fallen from the running train. Such facts
and circumstances were also not considered by the Tribunal with reference
to the facts.
4. The learned counsel appearing for the respondent disputed the
contention by stating that the body of the deceased itself was found in the
middle of the track and the nature of the injuries also reveals that there was
no accident on account of falling from the running train. Such injuries may
not be possible and drawn an inference with reference to the nature of the
injuries as well as the manner in which the body was found in the railway
track. The Tribunal considered the evidences and accordingly, rejected the
application.
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C.M.A.No.762 of 2019
5. A perusal of the award reveals that “even at the time of inquest, they
found no belongings or doucments from the body of the person except his
own wearing apparel. Sunesh has given an affidavit, but would not show his
appearance in Court to state that the deceased and him procured 2 nd class
unreserved combined ticket. He has stated in the affidavit that he did not
witness the incident because he had slept during that time. He came to know
only through some fellow passengers when the train reached near the
Tirunelveli that one passenger had fallen from the train”. Therefore, the
statement of the friend, who allegedly travelled with the deceased itself was
doubtful. The friend of the deceased had not deposed before the Railway
Tribunal. Considering the facts and circumstances, the Tribunal made a
finding that “the ticket was not available on the body of the person. If
Sunesh had, therefore, ticket with him, then the original ticket itself must
have been produced before the Tribunal, but only a copy is produced with
alleged attestation by police. If Sunesh had handed over ticket to the police,
the affidavit of Sunesh must have given such an important detail of the ticket
having handed over to the police stating the date and time when it was
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C.M.A.No.762 of 2019
done”. Therefore, if it all the friend of the deceased had handed over the
copy of the ticket, the said factum would have been recorded by the Police
while giving the statement. Such statement was also not available and taking
inference on these facts, the Tribunal found that the deceased was not a
bona fide passenger. Paragraph No.4 of the judgment of the Tribunal also
reads as under:
“The lawful authority for travel to qualify the
deceased as a passenger is, therefore, significantly absent.
There could be instances that the ticket is lost but such an
instance must be explained through circumstances. The
surrounding circumstances could have been helpful for the
applicant's case if only lacunae found in Sunesh's presence
did not exist. The presence of Sunesh is grossly suspicious
and we will hold that the mere affidavit of a peron who does
not take coverage to come to the tribunal to stand by the
assertion and subject himself to cross-examination cannot be
the basis with all fallibilities to record a finding in favour of
the applicants”.
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C.M.A.No.762 of 2019
6. The entire facts and circumstances as well as the findings arrived by
the Railway Tribunal reveals that the appellants could not able to establish
that the deceased was a bona fide passenger and further, they could not able
to establish that the death occurred on account of sudden falling down from
the moving train. In the absence of these facts, the Tribunal has right in
rejecting the application. Thus, the judgment dated 19.07.2018 passed in
O.A.(II)U.No.5 of 2017 stands confirmed and consequently, Civil
Miscellaneous Appeal stands dismissed. No costs.
19.02.2021
ssb
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
To
The Railway Claims Tribunal, Chennai
https://www.mhc.tn.gov.in/judis/
C.M.A.No.762 of 2019
S.M.SUBRAMANIAM, J.
ssb
C.M.A.No.762 of 2019
19.02.2021
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