Shalu v. Union Of India And ANR

The claim relates to death of Pawan Kumar who died in an untoward incident while travelling by train as a bonafide passenger on 16.05.2019. As per the claimant, deceased was a resident of village Mojgarh (Tehsil Barara). He was working as a car denter at village Sadhopur (near Dhulkot). He used to travel by train on a monthly seasoned ticket Ex. Barara to Dhulkot. On 16.05.2019, Pawan Kumar went to village Sadhopur

(near Dhulkot) to attend his duty with Mahindra Company. After attending to his job, he boarded train in the evening from Dhulkot for coming to Ambala Cantt., from where he caught the connecting train for his onward between journey to Barara. When the train reached between Kesri and Barara Railway Station, the deceased fell from the moving train due to sudden jerk. Deceased died on the spot. It was on 17.05.2019 that Guard of one train informed Duty Station Master, Barara that a dead body was lying in the middle of Up line track. GRP reached the spot and investigated the incident. During physical search of the dead body of the deceased, a railway MST bearing No.UAB-98783946 issued in the name of Pawan Kumardeceased was recovered along with his driving licence and cash of Rs.120/-. Claim was resisted by respondent No.

1 claiming that as per DRM report, the deceased died due to his own criminal negligence and it is a case of self-inflicted injuries. Had the deceased fallen from the train, his body would have been recovered outside the track and not from a spot in the middle of track. It is not a case of accidental falling but that of trespassing. While deciding the claim application, the Tribunal found that the deceased did not sustain injuries while travelling by any train. Since his residence was near place of incident, he must have sustained injuries while roaming around the track.

Having heard learned counsel for the parties and after carefully perusing the records of the case, this Court finds that recovery of MST from the personal search of the deceased being not in dispute, it stands proved that the deceased was a bonafide passenger. It stands proved on record that the

spot from which the body of the deceased was found falls on the route the deceased used to travel by train using monthly seasoned ticket. Thus, it cannot be said that the deceased was not a bonafide passenger. As per the claim petition, the deceased travelled by train on 16.05.2019 in the evening. Body of the deceased was found from the railway track on 17.05.2019 around 06:55 AM. For the whole night the body was lying on the track. Thus the body having been dragged from its actual place of fall by stray dogs etc. cannot be ruled out. Merely for the reason that the deceased was resident of the nearby village, it cannot be held that he died while crossing the track.

It having been proved that the deceased was a bonafide passenger travelling on a valid MST and that the body of the deceased was recovered from the railway track, this Court finds that the Railway Claims Tribunal grossly erred in declining the claim of the appellant. Accordingly, the findings recorded by the Tribunal are hereby ordered to be reversed. It is held that the deceased died in an untoward incident while travelling as a bonafide passenger with respondent No.1. Keeping in view the date of accident the claimants are entitled for compensation as per the amended schedule. Claimants are awarded an amount of Rs.8,00,000/- along with interest @7% per annum The compensation awarded shall be apportioned between the two claimants equally.