RANCHI, India, Jan. 13 -- Jharkhand High Court issued the following order on Dec. 13:

1. On perusal of I.A. No. 5830 of 2025, it appears that appellant nos. 3, 4 and 7 have died, no substitution petition has been filed on behalf of Appellant nos. 3 and 4. The heirs and dependents of appellant no.7 are already in record. Under the circumstance appeal of Appellant nos. 3, 4 and 7 stands abated.

2. The claimants are in appeal under Section 23(1) of the Railway Claims Tribunal Act, 1987 against the judgment and order passed by Railway Claims Tribunal, Ranchi in Case No. OA (IIU)/RNC/50/2019 dated 05.03.2020, whereby and whereunder, the claim application for compensation on account of death of Janki Devi has been dismissed.

3. As per the case of the claimants, on 02.02.2018 the deceased Janki Devi with a second-class journey ticket was travelling by Barwadih-Gomoh passenger Train No.53348 from Gomia to Amlo. The accident took place while getting down from the train at Amlo station. It is pleaded that accident resulted due to overcrowding in the train. She was taken to regional hospital in Dhori. On 03.02.2018 for better treatment admitted in RIMS where she breath her last on 09.02.2018.

4. The G.R.P.S/Gomia lodged U.D. Case No. 07/2018 on 09.02.2018 and after inquiry, final report was submitted stating that the deceased died due to an accidental fall from the train.

5. From the side of the claimants, one witness A.W.1 has been examined and documents were adduced into evidence and marked as Exhibits.

7. Learned Tribunal dismissed the claim application, inter alia, on the ground that claimants had failed to established that the deceased was a bona-fide passenger and her death was due to any accidental fall from the train.

8. It is argued by learned counsel for the appellant that in the final report submitted under Section 174 of Cr.P.C. after holding enquiry in U.D. Case No. 07/2018, it is written in column 3 of the final report that deceased died due to accidental fall from the train. It is further argued that it is not a private document but a report submitted by the GRP Rail and learned Tribunal has not discussed it while dismissing the claim application. In view of the ratio as laid down by the Hon'ble Apex Court in (2019) 3 SCC 572 (Union of India Vs. Rina Devi) that production of railway ticket is not sine quo non to prove that deceased was not a bona-fide passenger.

7. Learned counsel for the Railways has defended the impugned judgment and order and submitted that it is not a case of untoward incident but a case of "Run Over".

8. Having considered the submissions advanced on behalf of both sides, there is no direct witness to the accident, and the only witness examined is A.W.1 is the claimant no.1. He has deposed that deceased Janki Devi gave Rs. 100/- to Pintu Ram to purchase the railway ticket and after purchasing it, he handed it over to the deceased who proceeded on her onward journey. He has further stated in his examination-in-chief on affidavit that ticket was of 2nd class from Gomia to Amlo. Deposition of this witness meets the requirement as set out in the ratio in Rina Devi (Supra) that applicant, in the event of absence of railway ticket, need to file an affidavit deposing that such a ticket had been purchased.

9. The deceased died in a Railway accident is amply proved by the final report submitted under Section 174 Cr.P.C., after inquiry in the U.D. Case, wherein it has been stated that the deceased fell down from the running train. Further, inquest report also notes that the deceased died due to fall from train.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfBmcaEas2wrX7toO6X0l%2BHruL6uATkBpcO1BkCwDDZUA&caseno=MA/33/2022&cCode=1&cino=JHHC010094272022&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.