SIKANDAR BAKASH vs CCM/LAW

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RAILWAY CLAIMS TRIBUNAL,RANCHI BENCH OPPOSITE RANCHI RAILWAY RAILWAY STATION CAMPUS RANCHI-834001 Case No: OA (II u)/RNC/5/2020 Date of Judgement: 25/Aug/2023 SIKANDAR BAKASH ............Applicant Versus Union of India CCM/LAW/EASTERN ............Respondent 1 RAILWAY CLAIMS TRIBUNAL RANCHI BENCH, RANCHI CORAM: VINAY GOEL, JUDICIAL MEMBER DHRUV SINGH, TECHNICAL MEMBER Claim Application : OA(llu)/RNC/5/2020 Date of incident : 27.01.2019 Date of filing : 19/12/2019 Date of decision : 25/08/23 1.

Sikandar Bakash S/o Late Tauhid 2.

Mahmad Kamal S/o Late Tauhid 3.

Md.

Intekhab Alam S/o Late Tauhid Vill+P.O=Masna ,P.S-Radha Nagar, Dist=Sahebganj,Jharkhand-816101. ?

Applicants Versus Union of India represented by The General Manager, Respondent Eastern Railway, Kolkata Claim for Rs.8,00,000/- (With interest) Shri V.S.

JHA - Ld.

Counsel for Applicants.

Shri Sudhir Kumar Srivastava - Ld.

Counsel for Respondent.

J U D G E M E N T (ORAL) 01.

Basic details relating to accident as contained and alleged in the Application:- a) Date of accident: 27/01/19 b) Person deceased - Late Tauhid s/o Late Shahid Shekh c) Relationship of the Applicants - The applicants are the sons of the deceased d) Train involved and transit details: 27.01.19 Platform no.

1 Barharwa Station by Train no.

13409 Up Malda Jamalpur Inter City Express.

The deceased was going to Sahebganj from Barharwa with a valid ticket for his medical treatment.

The applicants have produced the ticket.

2 (e) Untoward incident narrated: During boarding the train, the deceased accidentally fell down from the train.

Thereafter, with the help of public and RPF, deceased was brought to PHC, Barharwa .The RPF informed the deceased?s 2nd brother about the incident and also got him admitted deceased to Sadar Hospital, Barharwa.

Barharwa.

Treatment was started in Sadar Hospital, Barharwa but after a few days Sadar Hospital, Barharwa referred the deceased to Sahebganj for better treatment.

Thereafter, family brought the deceased to Government Hospital, Behrampur and during treatment he died on 28.01.19 at about 1 p.m.

02.

Salient features of reply: a) Averments in reply- The respondent denied the untoward incident, travel and bona fide passenger status of the deceased.

The applicants have failed to produce any inquiry report and Final Report.

The ticket produced is a planted ticket.

The respondent denied its liability. b) Crux of DRM Report: DRM Report submitted that during enquiry by Sri Shayamal Kumar Mandal of the RPF/POST Barharwa collected relevant documents and recorded the statements.

After enquiry Sri Shayamal Kumar Mandal submiited that victim?s elder son firstly said that his father was going to Sahebganj for some personal work.

At about 9:30 hrs., he received a phone from unknown person regarding injury of his father at Barharwa Railway Station and also that his father has been admitted to Sadar Hospital Barharwa.

He got his father shifted to Manmohini Health Nursing Home, Berhampore for better treatment but on 28.01.19 his father expired.

He further stated that his father tried to board the train in running motion but he could not hold the handle properly and his hand slipped resulting he fell down on platform.

Sri Subodh Kumar /Guard & Sri Diwakar Singh of T/No 13409 UP (Malda3 Jamalpur Intercity Express) stated in their statement that during their duty periods no untoward incident was either noticed or informed by anyone from.

From the above fact & circumstances E.O. concluded that while the victim tried to board the train in running motion he fell down on the platform and suffered multiples injuries.

03. uries.

03.

From the pleadings, following issues were framed on - 24/03/2021 : 1) Whether this case comes under the jurisdiction of Ranchi Bench?

2) Whether Tauhid was a bonafide passenger?

3) Whether any train accident as defined under Section 123(c) (2) of the Railways Act, 1989 happened on Train no.

13409 UP, Malda Jamalpur Intercity Express on 27.01.2019?

4) Whether the applicant or other dependants of the deceased are entitled to get compensation. ?

5) Relief ?

04.

Applicant Evidence and Respondent Evidence: Applicant No.1 filed his affidavit as AW.1 and was cross-examined on 09/05/23 The following documents filed by AW.1 are taken on record and marked exhibits as:- 1.Original journey Ticket - Ext.A.1 2.C.C of Sanha dt 27/01/19 - Ext.A.2 3.C.C of SM Memo dt 27/01/19 - Ext.A.3 4.Medical prescription - Ext.A.4 5.C.C of FIR - Ext.A.5 6.C.C. of Final Report - Ext.A.6 7.C.C. of Dead body hand over for post-mortem - Ext.A.7 8.C.C. of translated Inquest Report - Ext.A.8 9.Dead Body Challan - Ext.A.9 10.C.C of PMR - Ext.A.10 4 11.Photocopy of Death Certificate - Ext.A.11 12.Photocopy of Aadhar Card of deceased - Ext.A.12 13.Original family details certificate - Ext.A.13 14.Photo copies of aadhar cards and bank details of the applicants The Respondent filed the DRM?s report along with other relevant documents and adduced Sri S.K.

Mandal/ASI/RPF/POST/Barharwa as RW-1.

05.

We have heard Ld.

Counsels for both sides and carefully perused the entire material on record.

The following are our findings on the issues framed:- 06.

Issue No.1: The applicants are residents of Radha Nagar, Sahebganj and further place of incident is at Bharharwa Station which also falls within the territorial jurisdiction of the state of Jharkhand.

So this Bench has to try, entertain and determine this present O.A.

Accordingly, this issue is decided in favour of the applicants.

07.

Issue No.2 & 3 : The above two issues are taken up together as inter-linked. er-linked.

It is the case of the applicants that the deceased intended to travel from Barharwa to Sahebganj and he purchased a ticket and while boarding the train, he accidentally slipped and fell down.

He was shifted to hospital and thereafter during treatment he died.

The only contention of the railways in this case at the time of final hearing is that the deceased fell down at the time of boarding the train as such he fell down before initiation of journey as such he would not come within the ambit of a bona fide passenger as such the claim is liable to be rejected.

At this juncture, we would like to refer to the judgment of Hon?ble Supreme Court wherein it has been 5 held by Hon?ble Apex Court that in case the incident occurs during boarding or deboarding of the train the cause would come within the ambit of an untoward incident unless and until there is some Criminal Act on the part of the passenger which may bring the case within the ambit of exceptions of Section 124-A of Railways Act.

Although the respondent has taken the plea of negligence, but the respondent has failed to prove on record any element of criminal negligence of the deceased.

The respondent has produced one witness but the said witness deposed that he was present on the platform and he said that one old man tried to board a train when the train was leaving from the platform no.

1 of Barharwa Station.

The said witness has failed to say anything which may inflict element of criminal negligence upon the deceased.

What was the speed of the train at the relevant time, whether a prudent person can apprehend such as accident or whether the train just started when the deceased tried to board it remained unanswered.

So under the given circumstances, this Tribunal would adopt a pragmatic interpretation which would go in favour of the victim. he victim.

The said accident falls within the ambit of an untoward incident and further the person had a valid ticket and railways despite their defence have failed to prove anything otherwise about the bonafide of the deceased, so the deceased would be treated as a bonafide passenger for the purpose of adjudication of this case under Chapter-XIII of the Railways Act.

08.

Thus, based on the facts, circumstances, documentary evidence on record and judicial pronouncements available, we are inclined to hold that Tauhid, since deceased, had accidentally fallen down from the Malda-Jamalpur Intercity Express Train No.13409 UP on 27.01.2019 and, as such, the alleged incident is an untoward incident within the meaning of Section 123 (c) (2) of the Railways 6 (Amendment) Act, 1994.

Accordingly, both these issues are decided in favour of the applicants.

09.

Issues No.

4 & 5:- The applicants have proved on record Aadhar Cards, Family Membership Certificate and there is no dispute about inter se relationship of the applicants and their relationship with the deceased.

Even, at the time of arguments, Counsel for the Respondent has failed to argue on the said issue.

So it is held that applicants no.1 to 3 being dependents of the deceased are entitled to the compensation.

The all applicants are the sons of the deceased.

Sri Sikandar Bakash ? applicant No.1 during cross-examination stated that his mother is not alive.

She has already died prior to the incident.

He has two brothers and no sister.

Thus in view of above, we hold that the applicants are the dependents of the deceased under Section 123 (b) (i) of the Railways Act, 1989 and accordingly, they are entitled to compensation approved by Ministry of Railways.

Railway Board?s notification dated: 22nd December 2016 under GSR 1165 has amended the amount of compensation payable in respect of death in a railway untoward incident to Rs.8,00,000/- (Eight Lakhs) w.e.f.

1st day of January 2017.

The date of incident is 27.01. is 27.01.2019 so, the applicants are entitled to the enhanced compensation of Rs.8,00,000/-.

Both these issues are decided in favour of the applicants.

7 O R D E R 10.

As regards disbursal of the amount of award, it may be seen that in the case of Geeta Devi Vs Union of India, Hon?ble Delhi High Court has observed as under: - 5.

As Regards Amendment to the Railway Accidents and Untoward Incidents (Compensation) Rules,1990.

5.1.

Many of the claimants are drawn from rural areas with low levels of literacy and lower levels of making appropriate decision for the use of amounts guaranteed under the awards.

There are several instances of their exploitation by middlemen and touts operating in the field.

The scope for such exploitation is itself one of the incentives for fomenting bogus claims, fabricated documents and duplicate claims in different Benches of the Tribunal for the same cause of action.

The availability of bulk funds in the name of an ill-informed claimant is also a cause for exploitation.

A scheme for protection of the amount due to such a claimant is the need of the hour.

The Hon?ble High Court went on to lay down the mode of payment and in pursuance of the Orders passed by the Hon?ble Delhi High Court, Government of India has issued a Notification of 3rd June, 2020 amending Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2020, adding Rule 5 which reads as under: - 8 5.

Mode of payment 5.1 The Tribunal may, in order to protect the sum awarded to the claimant, having due regard to the illiteracy or other disabling factors impairing the judicious use of such sum, issue directions for disbursing the award in terms of annuities, fixed deposits or other suitable mode as shall sub-serve justice.

5.2 If any of the claimants is a minor or person of unsound mind, the Tribunal may give liberty to the guardian ad litem to use the interest accruals on the deposit that shall be made during the minority for maintenance.

5. enance.

5.3 Nothing in this Rule shall limit the power of the Tribunal to make modifications of the mode of disbursal for reasons to be stated in writing depending on the exigencies requiring liquidation of any corpus created for annuity or premature closure of fixed deposit, for the benefit of the claimant.

5.4 The orders dated 21st April, 2017, 24th May,2019 and 6th November, 2019 of Hon?ble High Court of Delhi in FAO No.

22/2015 and CM Application No.

4501/2015 in Geeta Devi Vs Union of India, relating to disbursement of compensation shall be read as part of this Rule.

In view of the above, the applicants are entitled to get compensation amounting to Rs.8,00,000/-(Rupees Eight Lakhs only) along with simple interest @ 6% from the date of incident 27.01.2019 till date of this Judgement without costs and the disbursements will be made in the following manner: 9 Sl.

No.

Name of the Applicant(s) Relationship with deceased Age in years Amount Awarded (Rs.) Transfer of 10% of respective share to the account of party/parties (Rs.) Amount to be kept in Fixed Deposit for a period of three years (Rs.) (a) (b) (c) (d) (e) (f) (g) 1.

Sikandar Bakash Son 50 Rs.2,66,000 Rs.26,600 Rs.2,39,400 2.

Mahmad Kamal Son 49 Rs.2,67,000 Rs.26,700 Rs.2,40,300 3.

Md.Intekhab Alam Son 40 Rs.2,67,000 Rs.26,700 Rs.2,40,300 11.

The respondent Railway Administration is hereby directed to deposit the amount awarded with the Additional Registrar of this Tribunal within a period of 30 days from the date of communication of the award failing which the applicant shall be entitled to receive interest @ 9% per annum from the date of award till the actual date of depositing the amount with the Additional Registrar.

12.

The applicants are hereby directed to submit the details of their Aadhar linked Bank accounts of a Nationalized Bank mentioned in the schedule Appendix-I of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, situated near their place of permanent residence to the Add to the Additional Registrar of this Tribunal.

13.

If the claimant is entitled to exemption of deduction of TDS, they shall submit Form 15-G or Form 15-H (for senior citizen) to the Presenting Officer of 10 the Railways (as applicable under sub-section (2) of Section 19 of the Railway Claims Tribunal Act, 1987) so that no TDS is deducted.

14.

Terms and conditions: (a) The Bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the Claimant i.e. the savings bank account of the Claimant shall be an individual savings bank account and not a joint account. (b) The original fixed deposit shall be retained by the bank in safe custody.

However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the Claimant(s). (c) The monthly interest be credited by Electronic Clearing system (ECS) in the savings bank account of the Claimant near the place of their permanent residence. (d) The maturity amounts of the FDR(s) be credited by Electronic Clearing System (ECS) in the savings bank account of the Claimant(s) near the place of their permanent residence. (e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the RCT.

11 (f) The concerned bank shall not issue any cheque book and/or debit card to the Claimant.

However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount.

The bank shall freeze the account of the Claimant so that no debit card be issued in respect of the account of the Claimant from any other branch of the bank. (g) The bank shall make an endorsement on the passbook of the Claimants to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the RCT and Claimant shall produce the passbook with the necessary endorsement before the RCT on the next date fixe date fixed for compliance. (h) It is clarified that the endorsement made by the bank along duly signed and stamped by the bank official on the passbook of the Claimant is sufficient compliance of clause (g) above. (i) The concerned Bank of the claimant be directed to permit the claimant to withdraw money from his savings bank account by means of a withdrawal form only.

15.

Registry is directed to remit the amount within 07 working days to the account of applicant.

After deposit of the amount by the Respondent Railway, the Registry would take care of the compliance of KYC norms while remitting amount of compensation.

12 16.

Copy of this order be supplied to both the parties free of costs, and the file, after its due completion, be consigned to the Record Room.

Given under our hand on seal of this Tribunal on this day of 25.08.2023.

Dictated on 25.8.2023.

Pronounced in Open Court. (DHRUV SINGH) (VINAY GOEL) Member (Technical) Member (Judicial) RCT/Ranchi RCT/Ranchi.

25.8.2023.

Corrected and signed by us on 25.8.2023. (DHRUV SINGH) (VINAY GOEL) Member (Technical) Member (Judicial) RCT/Ranchi RCT/Ranchi.