GUWAHATI, India, Aug. 14 -- Gauhati High Court issued the following order on July 14:

1. Heard Mr. G. Goswami, learned counsel for the appellant and Mr. J. Mollah, learned counsel for the respondent.

2. In this appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, the appellant has challenged the correctness or otherwise of the judgment and order dated 26.08.2016, passed by the Railway Claims Tribunal, Guwahati Bench (Tribunal hereinafter), in O.A. IIu. 107/2012.

3. It is to be noted here that vide judgment and order dated 26.08.2016, thelearned Tribunal had directed the appellant herein to pay a sum of Rs. 4,00,000/- with interest @ 6% per annum, from the date of filing of the claim application, i.e. 03.10.2012, till the date of the order, within a period of 60 days from the date of passing of the order and failing to which, the amount shall carry interest @ 9% per annum from the date of filing of the claim petition till realization.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

"On 21.09.2012, deceased, Jolil Uddin was proceeding from Guwahati Railway Station to Barpeta Road Railway Station in DN Siphung Passenger Train. But, he did not reach Barpeta and his dead body was found in between Rangia and Gagrapara Railway Station, as he fell down from the train and thereafter, he received grievous injuries on his person and died on the spot.

In connection with the said accident, Rangia GRPS U/D Case No. 57/2012, was registered and thereafter, post mortem upon the dead body was conducted and thereafter, the dead body was handed over to his family members.

Thereafter, the respondent herein, being the son of the deceased, had filed an application claiming a sum of Rs. 10,00,000/- as compensation for the death of his father, who was a bona-fide passenger of Siphung Express.

Upon receipt of notice, the appellant herein entered appearance and filed written statement and denied its liability to pay compensation. It had taken a stand that after inquiry, it has come to the light from the DRM report that no evidence was found that the deceased was travelling by the train in question, as no ticket was found from his possession and as per train register of RNY & GEO station, the train No. 55754 DN Siphung, dated 21.09.2012, arrived at 15:50 hrs. and left RNY at 15:53 hrs. and it reached GEO Station at 16:04 hrs. and from the SM's Diary of GEO, it was clear that at about 15:50 hrs. on duty SS/GEO received a telephonic message from on duty SASM/RNY regarding lying down of one dead body at KM No. 354/8-7, in between RNY-GEO station. Therefore, the question of falling down of the deceased from the train does not arise, as his dead body was found lying at 15:20 hrs, and as such, the claim is baseless and concocted and therefore, the same is liable to be dismissed.

Upon the pleadings of the parties, the learned Tribunal had framed following issues for determination :-

(i) Whether the deceased was a bonafide passenger?

(ii) Whether the accident is untoward incident?

(iii)Whether the applicant is entitled for compensation? If so, to what sum?

(iv) Relief and costs?

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfDn9GpsEs8mIMrHMgPRuMF0Sslmo1Q2i%2BF%2FRKE2%2Bvy7r&caseno=MACApp./362/2022&cCode=1&cino=GAHC010138272022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.