Madras High Court
D.Balaraman vs The Union Of India Owning on 24 February, 2021
C.M.A.No.4300 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.4300 of 2019
1.D.Balaraman
2.Vidhya ..Appellants
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 (1) of
Railway Claims Tribunal Act praying to set aside the order passed by the
Hon'ble Railway Claims Tribunal, Chennai in O.A. (II-U)/212/2018
dated 11.10.2019 and allow the C.M.A.
For Appellants : Mr.S.Parthasarathy
For Respondent : M/s.T.P.Savitha
JUDGMENT
The order dated 11.10.2019 passed in O.A.(II-U).No.212 of 2018
is under challenge in the present Civil Miscellaneous Appeal.
2. The claimants are the appellants and the application under
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C.M.A.No.4300 of 2019
Section 16 of the Railways Act was filed seeking compensation on the
ground that the deceased before his death was studying 1st year carpenter
training in Government Industrial Training Institute, Ambattur, Chennai
– 98. For his study to go to ITI he was regularly using the Train. He used
to travel by EMU electric train daily morning and evening between
Arakkonam RS and Ambattur RS. For that he was using train season
students concession issued for 3 months by his institute. After the expiry
of 3 months students train season concession issued by the institute,
every student has to get fresh train students concession (renewal) from
the institute. For that it will take 2 to 3 days to get student concession
(renewal) from the institute. The 3 months season ticket used by the
deceased was expired on 17.12.2017. Therefore, on 18.12.2017 morning
the deceased in order to go to ITI purchased 2nd class train ticket at
Arakkonam RS to reach Ambattur RS and travelled in EMU electric train
and attended class. After the completion of class he, in order to return
back his home purchased 2nd class train ticket at Ambattur Rs to reach
Arakkonam Rs and boarded and travelled in EMU Electric train along
with his classmates and friends and was standing near the entrance of
the train due to heavy crowd and when the train was entering
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C.M.A.No.4300 of 2019
Tiruninravur Rs he was accidentally fell down on the platform and
sustained grievous injuries and alive was admitted at Tiruvallur GH
through 108 ambulance on the same day and for the further treatment he
was admitted at RG Government Hospital, Chennai and was died on
21.12.2017 at 19.00 hrs in spite of the treatment given to him.
3. The Tribunal adjudicated the issues with reference to the
documents and the evidences. Regarding the issue Nos. 2 and 3, the
Tribunal made a finding that the deceased studied at Ambattur, Chennai.
Everyday he used to travel between his home at Arokkonam and the
Institute at Ambattur by train using his Students' Concession Season
Ticket. The applicants have filed the original quarterly Students'
Concession Season Ticket between Pattaravakkam – Arakkonam
Junction, valid from 18.09.2017 to 17.12.2017 and the Season Ticket
Identity Card of the deceased. The incident happened on 18.12.2017 and
it is alleged that the deceased purchased a second class ticket at
Arakkonam for travel to Ambattur to Arokkonam, he accidentally fell
down from the train near Tiruninravur Railway Station. SM/Tiruninravur
conveyed message to all concerned on 18.12.2017 at 19.30 hrs that
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C.M.A.No.4300 of 2019
Motorman and Guard of EMU No.66053 informed that one person fell
down near post No.28/9 on platform No.2 of Tiruninravur Railway
Station and was found with heavy injuries near the track. 108
Ambulance was informed and the injured person was taken to GH,
Tiruvallur for treatment.
4. The Tribunal made a finding that the accident occurred and
further the deceased died due to the accident. DRM report as well as the
investigation conducted by the Police Authorities states that the deceased
died on account of fatal injuries due to falling down from the running
train.
5. This Court is of the considered opinion that when the factum
regarding the accident was established and the Railway Authorities also
admitted the fact that the death occurred due to fatal injuries sustained
by falling down from the running train, more specifically, when the train
enters into platform of Tiruninravur, there is no reason to reject the claim
petition. The ticket was admittedly not retrieved. However, the facts and
circumstances reveals that the deceased traveled in a train and sustained
injury due to untoward incident occurred. Though the Railway claims
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C.M.A.No.4300 of 2019
that it is a negligence. Mere negligence is insufficient to deny
compensation to the victim. The non-availability of ticket alone cannot
be a ground to reject the claim petition. The benefit of doubt in this
regard must be extended in favour of the claimants to grant
compensation as there is every possibility for loss of travel ticket on
account of various factors during the accident.
6. The compensation is granted based on the welfare legislation
and Courts are bound to interpret the provisions liberally for the benefit
of the claimants. Mere non-availability of a travel ticket would not be a
ground to decline compensation, unless, it is established by the Railways
that the deceased had not at all travelled or no such accident occurred. In
the present case, the Railways has admitted the accident and further
admitted the fact that the deceased died due to untoward incident
occurred in the platform.
7. This being the factum, denial of compensation merely on the
ground that the deceased was not possessing a valid travel ticket will
certainly cause injustice and the very purpose and object of the welfare
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C.M.A.No.4300 of 2019
legislation would be defeated. As far as the grant of compensation is
concerned, untoward incident is established and a person died, then
Courts are bound to adopt a liberal approach in grant of compensation to
the poor victims. In most of the cases, the claimants are dependents.
Thus a pragmatic approach is required. Mere rejection on the ground
that the deceased was not possessing a travel ticket or the travel ticket
was not retrieved would cause great hardship and therefore, this Court
has no hesitation in arriving a conclusion that non-availability of ticket or
non-retrieval of a ticket alone cannot be a ground for the purpose of
rejection of compensation.
8. Even in case of untoward incident, mere negligence on the part
of the deceased / injured is insufficient. If there was an intention on the
part of the injured / deceased to commit a criminal act, then alone the
Exclusion Clause can be invoked and not otherwise.
9. In the present case, the Railway could not able to establish any
such intentional negligence on the part of the deceased and further
admitted that the untoward incident occurred when the deceased fallen
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C.M.A.No.4300 of 2019
down from a running train. This being the factum, the order of the
Tribunal is perverse and accordingly the order dated 11.10.2019 passed
in O.A. (II-U) No.212 of 2018 is set aside and C.M.A.No.4300 of 2019
stands allowed.
10. The respondent / Railways is directed to deposit the
compensation amount of Rs.8,00,000/-(Rupees Eight Lakhs only) along
with the accrued interest at the rate of 6% per annum before the Railway
Tribunal concerned within a period of 12 weeks from the date of receipt
of a copy of this judgment and on such deposit, the appellants are
permitted to withdraw each 50% of the award amount with accrued
interest by filing an appropriate application before the Tribunal and the
payments are to be made through RTGS. No costs.
24.02.2021
Pns
Index: Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
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C.M.A.No.4300 of 2019
S.M.SUBRAMANIAM, J.
Pns
To
Railway Claims Tribunal, Chennai Bench.
C.M.A.No.4300 of 2019
24.02.2021
http://www.judis.nic.in
