Most. Lila Devi and Others vs The Union of India

Akhilesh Chandra, J.—Heard the parties.

This is an Appeal preferred against judgment and order dated 21.01.2013 passed in Claim Application No. OA 000429 of 2002 by the Member (Technical), Railway Claims Tribunal, Patna Bench, Patna denying the claim preferred by the appellant seeking compensation against death of one Sugan Roy said to have been taken place in an untoward incident on 23rd September 2002 while he boarded in Train No. 3467 Vikramshila Express after purchasing 2nd class ticket at Bakhtiyarpur for Patna Junction but due to heavy rush etc. fell down at Hardasbigha railway halt.

It is submitted that claim Tribunal has denied the claim on flimsy grounds in spite of the facts that there is in fact no contest on behalf of the railway.

True it is, after such incident, recovery of dead body of unknown, case was instituted and in final report submitted by the investigator there is mention of the fact that deceased could be identified by his photograph by his cousin Ugan Roy, roughly after 7 to 8 months of the incident.

Claimant appellant No. 1, mother of the deceased, appeared as solitary witness on behalf of the claimant and she in her examination-in-chief, on affidavit, had stated all the details as mentioned in the claim application including purchasing of ticket by the deceased, boarding in particular train and falling etc. at the relevant place further identification by photograph but the railway who had not only filed a cryptic pleading without any specific denial or make out case has failed to cross-examine the witness and any of the annexures. The three paragraphs containing total four lines of cross-examination, reads as such:--

From the above mode of cross-examination, it appears under law that railway has opted not to challenge the claim rather admits everything.

Learned counsel for the respondent tried his level best to support the findings of the claim Tribunal below and also submits that even said Ugan Roy has neither been produced nor examined as a witness but in face of said lengthy cross-examination made by his counterpart appeared the claim Tribunal had left with no option but to concede that apparently railway has no legs to stand and as such the claim in other words, support findings of the claim tribunal below.

In the result, the impugned judgment and order dated 21.01.2013 passed in Claim Application No. OA 000429 of 2002 by the Member (Technical), Railway Claims Tribunal, Patna Bench, Patna is set aside. The respondent Railway is directed to pay a sum of Rs. 4,00,000/- (four lacks) to the claimants with interest @ 6% per annum from the date of filing of the application till actual payment. Simultaneously, appellants are directed to furnish due bank mandate within a month from the date of production/receipt of the order any delay in such filing may deprive with from future interest.