Union Of India Through General Manager v. Jeeti Kaur @ Manjit Kaur And Others

Union of India is in appeal aggrieved of the award passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh. Respondents-claimants filed a claim application under Section 16 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act') seeking compensation on account of death of Mangal Singh in an untoward accident dated 11.04.2017 while travelling with railways as a bonafide passenger. As per the claimants, on 11.04.2017 deceased purchased a journey ticket from Ambala Cantt. Railway Station to Amritsar. There was a heavy rush in the train. While the train was running between Ludhiana and Ladowal Railway Station, the deceased accidentally fell from the running train and died on the spot. Police authorities and GRP personnel reached on the spot. In the jamatalashi of the deceased one voter card, one railway

ticket and a cash amount of Rs.350/- were recovered. The claimants thus sought compensation on account of death of the deceased. The claim was resisted by the appellant-UOI denying that the deceased was a bonafide passenger and that he died in an untoward accident. Tribunal after analyzing evidence threadbare concluded that the ticket is proved to have been recovered from the personal search of the deceased. The same finds mention in the inquiry report of DRM. The body of the deceased was recovered from precincts of the railways. Accordingly, the RCT awarded a sum of Rs.8,00,000/- to the claimants as compensation on account of death of Mangal Singh in an untoward incident while travelling as a bonafide passenger with appellant. Counsel for the appellant has assailed the findings recorded by the Tribunal.

He asserts that the deceased suffered injuries on account of his own negligent act. Inquiry Officer of GRP did not inform RPF at Ladowal or Ludhiana about the incident. Police zimnis do not find any reference of recovery of ticket from personal search of the deceased. I have heard learned counsel for the appellant and have gone through records of the case.

Counsel for the appellant is not in a position to dispute that the fact of recovery of ticket from the personal search of the deceased finds mention in the inquiry report of ASI, RPF, Ludhiana. The said report forms part of DRM report. In view thereof, this Court finds that the Tribunal rightly concluded that the deceased was travelling as a bonafide passenger with the railways.

It is not in dispute that the spot from which the body of the deceased was recovered, falls on the railway track from Ambala Cantt to Amritsar. The body was recovered from the precincts of railways. There is no evidence on record to show that there was any intent on the part of the deceased to self-inflict injuries. Pure findings of fact have been recorded by the Tribunal after analyzing the entire evidence on record threadbare. This Court thus finds no reason to interfere in the well-reasoned award passed by RCT awarding compensation to the respondents-claimants. Finding no merits in the present appeal, the same is ordered to be dismissed.