Union Of India Through The General ... vs Sri Yogendra Mandal And Anr
2022 Latest Caselaw 4880 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Appeal No.530 of 2015
======================================================

Union Of India Through The General Manager Eastern Railway Kolkata

... ... Appellant/s Versus

1. Sri Yogendra Mandal, resiedent of village- Purvi Colony, Quarter No. 19 AB, Police Station-Purvi Colony, District- Munger, State-Bihar.

2. Smt Malti Devi, wife of Sri Yogendra Mandal, resident of village- Purvi Colony, Quarter no. 19 AB, Police Station- Purvi Colony, District-Munger, State-Bihar

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s    :        None
For the Respondent/s   :        None

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT Date : 07-12-2022 No one appears on call on behalf of the

appellant-Railways. On 23.11.2022 also, no one had appeared

on call.

2. The present appeal is directed against the

order dated 14.08.2015 passed by the Railways Claims

Tribunal, Patna Bench, Patna (henceforth for short 'the

Tribunal') in Claim Case No. OA 00104 of 2013 by which the

claim application filed by the respondents was allowed and

direction was given to make payment of Rs. Four lakhs ( two

lakhs each) to the parents of the deceased respectively with 9%

interest from 12.04.2013 when the application was registered

till the final payment is made.

3. The matrix of facts giving rise to present Patna High Court MA No.530 of 2015 dt.07-12-2022

appeal is/are as follows:-

4. The son of the respondents, namely, Banti

Kumar was travelling from Jamalpur to Kiul Junction on a

valid Second class ticket by Train No. 13241 (UP), Banka

-Rajendra Nagar Terminal Express and due to the excessive

crowd of the passenger as also the push, he fell down between

Jamalpur and Dasrathpur Station near Fulka halt which led to

his death.

5. Accordingly, the claim petition was preferred

before 'the Tribunal'.

6. The Railways appeared and contested the

same stating therein that there was no recovery of ticket from

his pocket and as such, he was not a bona fide passenger and

thus he is not entitled to the compensation.

7. 'The Tribunal' framed issues which included:-

(i) whether he was moving on the said Train No. 13241 (UP), Banka- Rajendra Nagar Terminal Express from Jamalpur to Kiul and was having a valid ticket ?;

(ii) whether he died after falling from the train?;

(iii) whether the parents are entitled for the relief as sought for or not.

Patna High Court MA No.530 of 2015 dt.07-12-2022

8. The applicants-parents-respondents submitted

documents/exhibits which included:-

(i) the Memo No. 12.02.2013 issued by the Station Master, Jamalpur to the officer in-charge GRP/Jamalpur (Ext. 1);

(ii) the application of the parent, Yogendra Mandal to the officer in-charge, Railway Police, Jamalpur stating therein that his son had died near Fulka halt after felling from the train (Ext. 2);

                                           (iii)   the     Inquest    Report    dated
                                     12.02.2013 (Ext. 3);
                                           (iv)       the First Information Report

lodged by Railway Police, Jamalpur (Ext.

4) ;

(v) the post-mortem Report dated 13.02.2013 (Ext.5)

(vi) the Final Report submitted by the police in U.D Case No. 3/2013 (Ext. 6);

                                           (vii)      the Voter I.D Card of the
                                     deceased (Ext. 7);
                                           (viii) the Voter I.D Card of the

applicant-parent, Yogendra Mandal ( Ext.

8).

9. So far as the Railways are concerned, they

submitted the following documents:-

Ext. R1, the Enquiry Report according to which, the death was due to the Patna High Court MA No.530 of 2015 dt.07-12-2022

negligence of the deceased with further narration that he was not a valid passenger and there was no ticket with him.

10. The applicant-parents had given an affidavit

to the fact that he was moving on a valid ticket which may have

lost due to the accident.

11. Accordingly, taking into account the decision

of the Apex Court as also the different High Courts, once the

affidavit is there stating that he is a valid passenger, the onus is

on the Railways to prove that he was not a valid bona fide

passenger.

12. Accordingly, 'the Tribunal' allowed the claim

of their parents with further direction to make payment of Rs.

Four Lakhs with 9% interest vide an order dated 14.08.2015.

13. Aggrieved, the present appeal has been filed.

14. From the documents that has been taken into

account by 'the learned Tribunal', it is clear that the parents

provided all the necessary papers/documents to show that their

son was a valid passenger travelling on a valid ticket and died

due to fall from the train near Fulka halt and the memo no.

12.02.2013 of the Station Master, Jamalpur as also the Inquest

Report, Post-Mortem Report and the Final Report of the Rail

Police, Jamalpur supports the case of the claimants-respondents. Patna High Court MA No.530 of 2015 dt.07-12-2022

15. Here, it is important to bring on record the

observation of the Apex Court in the case of Union Of India

Vs. Reena Devi reported in AIR 2018 SCC 2632 by which it

has been specifically stated in paragraph 17.4 that once the

claimant files an affidavit that the deceased was moving on a

valid ticket, the onus lie on the Railways to prove it otherwise.

It is apt to incorporate the same which read as follows:

17.4 We thus hold that mere presence of a body on the Railway premises will not be conclusive to hold that injured or deceased was a bona fide passenger for which claim for compensation could be maintained. However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger. Initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the Railways and the issue can be decided on the facts shown or the attending circumstances. This will have to be dealt with from case to case on the basis of facts found. The legal position in this regard will stand explained accordingly. Patna High Court MA No.530 of 2015 dt.07-12-2022

16. As such, 'the Tribunal was perfectly justified

in passing the order dated 14.08.2015.

17. Be that as it may, since no one appears on

behalf of the Railways, the appeal is dismissed for non-

prosecution.

(Rajiv Roy, J)

Jagdish/neha/-

AFR/NAFR                      AFR
CAV DATE                     NA
Uploading Date          09.12.2022
Transmission Date