V.Sathyavathi vs Union Of India
2021 Latest Caselaw 4812 Mad

                                                                                 C.M.A.No.1470 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated: 24.02.2021

                                                          CORAM:

                                    THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                C.M.A.No.1470 of 2015
                                                        and
                                                  M.P.No.1 of 2014

                   1.V.Sathyavathi
                   2.V.Anush Kumar
                   3.V.Sravan Kumar                                       .. Appellants

                                                           Vs.

                   Union Of India
                   Owning South Central Railway
                   Rep. by General Manager,
                   Secunderabad.                                         .. Respondent


                   PRAYER : Civil Miscellaneous Appeal is filed under Section 23 of the
                   Railway Claims Tribunal Act 54 of 1987, appeal against the order dated
                   16.02.2015 passed by the Railway Claims Tribunal, Chennai Bench in
                   O.A.(II-U) No.77 of 2014.


                                         For Appellants     : M/s.T.Raja Mohan
                                         For Respondent     : Mr.M.Vijayanand



                                                            1/8


https://www.mhc.tn.gov.in/judis/
                                                                                    C.M.A.No.1470 of 2015

                                                    JUDGMENT

Appellants herein are the petitioners in O.A.(II-U) No.77 of

2014 filed by the them before the Railway Claims Tribunal, Chennai Bench,

who are the legal heirs claiming compensation for the fatal death of deceased

'V.Raghukumar', while he was travelling in the train accidentally fell down

between Ulavapadi and Tettu Railway stations and suffered fatal injuries and

died on the spot on 05.05.2013.

2. The Railway Authority also contested the case.

3. After full trial, the Tribunal dismissed the claim, concluding that

the accident was not proved by the legal heirs of the deceased that on that day

the deceased as a bona fide passenger, travelled in the train, fell down and

met with an accident and sustained fatal injuries. Aggrieved by the same, the

petitioner preferred this appeal before this Court.

4. The Railway Authorities appeared and contested the appeal.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1470 of 2015

5. The facts of the case reveals that on 04.05.2013 in the

morning the deceased left his home attending the marriage function at

Ongole, and on the same day in the night he left for his house. The appellants

thereafter came to know from the Railway police, the deceased prior to 10.00

hours of 05.05.2013 while traveling in one of the train, due to heavy rush,

speed, jerk and jolt of the train, between Ulavapadi and Tettu Railway Station

accidentally fell down from the running train and sustained fatal injuries and

died on the spot. It was an untoward incident and the ticket was also lost at

the time of the accident. So the appellants/legal heirs prayed compensation

from the Railway Authorities.

6. Before the Tribunal, to prove their claim on the side of the

appellants, they adduced documents, Exh.A-1 to Exh.A-6 were marked and

there is no oral evidence on the side of the Railway, but a Report of the

Divisional Railway Manager / Vijayawada Division dated 18.10.2014 was

marked.

7. On considering all these evidence, the Tribunal while

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1470 of 2015

dismissing the application stated that the appellants have not proved that the

deceased was a bona fide passenger on that day. Aggrieved by the order, they

have approached this Court.

Points for consideration:

(i) whether the Railway Tribunal erred in reporting that the

deceased was not a bona fied passaenger nor he was accidentally fallen down

from the train thereby rejecting the application without considering the facts

and circumstances?

8. As per the F.I.R. Marked as Exh.A-1, it was registered on

05.05.2013 based upon the complaint given by the Railway Staff under

Section 174 Cr.P.C in Ongole Police and a report was filed on the next day

viz. 06.05.2013 and in the description of the scene of the offence, it was

mentioned as follows “ the deceased was accidentally fallen down form the

unknown running train while he was travelling on the railway track or

someother reasons received injuries and died. Admittedly, the body was found

on the Railway track. Based up on all these documents the learned counsel

for the appellants submits that due to the heavy rush and jerk in the train he

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1470 of 2015

was accidentally fallen down and died. So the Railway Authorities are liable

to pay the compensation.

9. Per contra, the learned counsel for the Railway Authority

submitted that in order to claim compensation if the accident had occurred

due to falling the deceased the victim must be a bona fide passenger.

Admittedly, the ticket was not traced out by the appellants and it is quite

natural it is not possible to get the ticket from the deceased body after the said

accident, but the inquest report which was filed immediately after the said

accident. It clearly shows that he was accidentally fallen from the running

train but the learned counsel for the Railway claimed that the accident might

have happened due the his own negligence or it might be a suicidal.

10. Admittedly, as rightly pointed out by the counsel for the

appellants there is no individual evidence on the side of the Railway

Authorities that the victim made an attempt to commit suicide or due to his

own negligence he had fell down. Admittedly, the body was lying on the track

and as per the inquest report he was accidentally fallen down and sustained

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1470 of 2015

fatal injuries. Furthermore, the report produced by the Railway Authorities

was preferred in the year 2014 near about one year after the said accident, so

the Railway Authorities also had not proved the defence before the Tribunal.

But without appreciating the fact the Tribunal erroneously dismissed the

application, that the legal heirs are not entitled to claim of compensation as

they failed to establish that the accidental fall of the Victim. But the facts and

circumstances proves that the victim was accidentally fallen from the running

train and sustained fatal injuries. The initial onus on appellant is proved on

the other hand the Railway Authorities has not established that the victim was

died due to his own negligence. So the order dated 16.02.2015 passed by the

Tribunal in O.A.(II-U)No.77 of 2014 is set aside and the Civil Miscellaneous

Appeal stands allowed. The appellants are entitled for a total compensation of

Rs.8,00,000/- along with interest at the rate of 9% per annum from the date of

petition.

(i) The first appellant/wife of the deceased is entitled for a

compensation of Rs.5,00,000/- (Rupees Five Lakhs Only).

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1470 of 2015

(ii) the appellants 2 and 3/sons of the deceased are entitled for a

compensation of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only)

each.

11. The appellants are permitted to withdraw their respective

portion of the compensation by filing an appropriate application and the

payments are to be made through RTGS.

12. Accordingly, the Civil Miscellaneous Appeal stands

allowed. The respondent/Railway is directed to deposit the award amount

with accrued interest within a period of 12 weeks from the date of receipt of a

copy of the judgment. No costs.

24.02.2021 rri Index : Yes/No Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1470 of 2015

T.V.THAMILSELVI,J.

rri

C.M.A.No.1470 of 2015 and M.P.No.1 of 2014

24.02.2021

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