RANCHI, India, Aug. 6 -- Jharkhand High Court issued the following order on July 9:
1. Heard learned counsel appearing for the appellants and learned counsel appearing for the respondent - Railway.
2. This appeal has been preferred against the judgment dated 10.11.2022 passed by learned Railway Claims Tribunal, Ranchi Bench in Case No. OA(IIU) RNC/37/2019 (Checklist No.2905190004) in an application under Section 16 of Railway Claims Tribunal Act, 1987 whereby the claim made by the appellants herein has been rejected by the learned Tribunal.
3. Learned counsel appearing for the appellants submits that deceased Suman Kumar @ Suman Kumar Varma was travelling from Deoghar to Jamui along with a co-villager Arun Kumar Yadav and boarded a train bearing No.18183 Tata - Danapur Express in 2nd class general bogie at Jasidih on 19.08.2018 after purchasing a valid 2 nd class ticket bearing ticket No.12214007. The other villagers were also coming back with the deceased and boarded the same train but they were in another bogie as there was heavy rush due to the occasion of Shravani Mela. She submits that there was heavy rush in the train amongst the passengers for space near the gate. In route, while the said train was passing near Rajla Halt Station (TP No.362/29), the deceased who was standing near the gate accidentally fell from the running train near KM/Pole No.362/29 due to the intense jostling among the passengers and died on the spot by sustaining serious injuries. In this background, she submits that the accident has come into the knowledge of the railway and the information has been received about the incident from co-passenger of the deceased namely Arun Kumar Yadav and thereafter the brother of the deceased namely Kamlesh Kumar Verma along with villagers reached to the place of occurrence and identified the dead body as his brother namely Suman Kumar @ Suman Kumar Varma pursuant to that on the written application of the brother of the deceased U.D. Case No.15/18 was registered at Rail Thana, Jhajha on 20.08.2018. She submits that the railway police investigated the case and prepared the inquest report in U.D. Case No.15/18 dated 20.08.2018 registered with Rail Thana, Jhajha and found the factum of occurrence to be true and found that the deceased died as a result of falling from Tata-Danapur Express bearing Train No.18183. She further submits that the railway police also prepared a final report dated 20.08.2018 in the aforementioned U.D. Case No.15/18 and concluded that the deceased died as a result of falling from Tata-Danapur Express bearing Train No.18183. She submits that the police while preparing the final report also recorded the statement of Arun Kumar Yadav who was the co-passenger of the deceased and was also travelling in the said train from which the deceased accidently fell down and died. She submits that the deceased was a bona fide passenger and boarded Tata - Danapur Express bearing Train No.18183 from Jasidih Station to Jamui Station on 19.08.2018 after purchasing a valid 2nd class ticket bearing Ticket No.12214007. She submits that the appellant No.1, who is the father of the deceased and the co-passenger of the deceased namely Arun Kumar Yadav have filed their affidavit before the learned Tribunal to support accident and about the bona fide passenger of deceased. She further submits that the learned Tribunal has been pleased to reject the claim of the appellants only on the ground that the said ticket was said to be purchased at 14:49 hours whereas the train in question has reached JSME at 14:16 hours and left at 14:19 hours. She submits that further since Arun Kumar Yadav is not the witness on the inquest report and that is why the claim of the appellants have been rejected. She submits that however Arun Kumar Yadav was the witness on the affidavit before the learned Tribunal and in the final report prepared by the police.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqDJXOdOt5Rqnx7FfeX1XkhrfIjtBkbVCwyokSEt9A497&caseno=MA/366/2024&cCode=1&cino=JHHC010321932024&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
