Union of India vs Tatyarao Chavan

M.N. Gilani, J.—This is an appeal u/s 23 of the Railway Claims Tribunal Act 1989, taking an exception to the judgment and award dated 31.8.2006 passed in Claim Application No. 70/OAII/ RCT/NGP/2004, awarding compensation of Rs. 4,00,000/-. Madhav s/o. Tatyarao Chavan, son of the respondent while travelling in Train No. 1332 - Nanded-Pune Passenger, fell from the running train and died. As per postmortem examination his death was due to hemorrhagic shock due to cutting and crush injuries to chest because of running over of the train. The claim was resisted on the round that it was not a case of accidental falling of the deceased from the train, but it was due to deceased running over by train while crossing railway line. Mainly, this was contended on the ground that the body of the deceased was cut into two pieces which is not possible when one falls from the running train. The learned Tribunal held that the deceased died due to accidental fall from the running train and it was an untoward incident coming within the ambit of clause (c) of Section 123 of the Railways Act 1989.

Mr. Mankar, learned counsel appearing for the appellant contended that the deceased was not a bonafide passenger and further his death does not fall within the ambit of "untoward incident", since it was not a case of an accidental falling of passenger from a train.

When the panchnama was made, in the packet of the deceased a ticket bearing No. K30393067 dated 10.4.2004 for Sailu-Patur was noticed. This is a conclusive proof of the fact that the deceased had purchased the ticket before boarding the train. That also gives rise to an inference that while travelling in a train he had accidentally fallen from the train and was crushed under the train. The learned Tribunal while rejecting the contention of the appellant observed in paragraph 7 as under:

From the documents submitted by the applicant and also referred to by the Respondent it is abundantly clear that the spot at which body was found lies between Sailu and Patur Stations. As per applicant as well the ticket found on person of the deceased as recorded in inquest panchnama, the deceased was traveling from Sailu to Patur. There can be no other explanation for the presence of the body than the deceased fell down from the train. From the evidence available on record it is clear that the deceased would have fallen from the running train during the course of his journey. Even though there is no eye witness to the incident it is reasonably held that the deceased died due to accidental fall from the train.

The findings recorded by the Tribunal are consistent with the evidence placed on record thereby leaving no scope for this court to interfere with the same. In the result appeal fails. The appeal is dismissed. Parties are left to bear their own costs. The amount deposited by the appellant, be transmitted to the Railway Claims Tribunal, Nagpur, for being disbursed in accordance with directions in the award.