SUBRAT CHATAR vs GM ECOR

Page I of l0 OA No.

44 12019 BEFORE THE RAILWAY CLAIMS TRIBUNAL BHUBANESWAR BENCH Case No.

OA 44 /2019 Coram: Hon'ble Sri VirendraKumar Goyal, Member Qudictal), RCT/BBS Hon'ble Sri Ajoy Kumar Behera,Member (Technical), RCT/BBS Date of incident: 76/08/201,5 Date of Registration : 25 / 04 / 201.9 Date of Judgment: 1,5 /03/2024 Claim Amount: Rs.

8,00,0 OO / - In the matter of Subrat Chatar aged aboat 29 years S/o Bishnu Chatar Village : Bahuda PO: Harranta, PS: Tangr, Distt: Cuttack, Odisha PIN: 754 025 Versus Union of India represente d through It's GeneralManager, East Coast Railway, Bhubaneswar Applicant Respondent Appearance for the Applicant for the Respondent JUDGEMENT 01.

This present claim application has been filed by the injured Applicant Subrat Chatx under section 16 of the Railway Claims Tribunal's Act, 7987 , claiming compensation of Rs.8,00,000/- (Rupees Eight Lakh) alongwith 12 o/o interest from the date of incident fronl the Railway Administration on account of injury sustained by him allegedly in an untoward incident, involving fall from runningtrain.

02.

Brief facts of the case: The brief fact of the case is that on the date of incident i.e. on 16/08/2018, the injured Applicant namely Subrat Chatar in course of journey by YPR-HWH Superfast express train from Cuttack to owrah. .u \ : Sri K.K.Mohanty, Advocate : Smt.

P.Pattnaik rlA.

Standing Counsel railway station, accidentally fell down from the satd train at Kapilas Page 2 of 10 OA No.

44 12019 roadrallway station due to heavy jerk and push andpull of co-passenSers.

It is stated that on account of the f.all,he sustained grievous injuries on his lefthand, right foot andleg alongwith other multiple injuries all over the body.

It is stated that just after the incident, the injured was rmmediately shifted to SCB medtcal college, Cuttackwith the help of localpeople by 108 Ambulance where he was treated as an in-door patient at Male Accident Ward tn Department of Orthopedic from 17 /08/2018 to 03/ 70/2018. / 70/2018.

It is stated that on account of the said incident, he became permanently disabled and suffercd from an irreparable loss for all time to come.

With regard to the ticket, it is stated that general class railway ticket valid from Cuttack to HWH railway station had beenpurchased by the Appticant which has been lost in the said incident.

03.

Respondent's Reply: On receipt of notice, the Respondent railway appeared before the bench and filed written statement wherein they have deniedthe averments made in the claimapplication.

It is stated thatthe incident as alleged does not fall under section 723 (c) (2) of the Railway Act as such Apphcant is put to strict proof of the same.

It is further stated that tf at all the incident was an untowardincident, then the same might havebeen caused due to the sheer negligence on the part of the injure d,hence Railway administration is no way responsible in this case and the Applicant is not entitledto get any compensation under section 1,24 Aof the Railway Act.

As per statutory DRM's investigation report,,the injured Applicant was not abona fide passenger and no valid rullway ticket or travel document has been produced by him to establish that he was a genuine passenSer.

It is further stated that there is no eye witness to the allegedincident andno information of fall avallable with the on duty station master, RPF and on duty train guard.

Moreover, it is statedthat injured in his statement has disclosed that he fell down from the train due to his own negligence.

With these facts and circumstances, the Respondent rallway have sought for dismissal of the claim application.

04.

Applicant's Evidence: The injured Applicant in support of his has filed the origin al discharge certificate, copy of bed head ticket, ticket for outdoor patient, aadhar card,bank details, photograph and has been examined before the bench as AW1 and he was cross examined by the Ld.

Counsel for the Respondent. \v \ Page 3 of l0 OA No.

44 12019 05.

12019 05.

Respondent's Evidence: The Respondent Railway on the other hand has filed the statutory DRM's investigation report along with enquiry report, statement of railway personnel and other enquiry related documents in connection with the case.

The Respondent ruilway did not produce any witness in this case.

06.

Issues: From the pleadings of the parties, the following issues were framed for determination:- 1.

Whether the Appltcant was a bona fide passenger for his journey from Cuttack to Howrah by YPR-HWH superfast express on 76/OB/2078 ?

Z.Whether the injured Apphcant sustained injury is an untoward incident as defined U/s 123 (c) (2) of the railway Act 7989?

3.

Whether the Respondent is exempted from payment of compensation to the Applicant u/s 724 (a) of the Railways Act, 7989?

4.To what relief the Applicant is entitled to?

07.

F I N D I N G S: We have carefully Sone through thepleadings of the parties, matertal made avarlable on record, evidence adduced on behalf of the Applicant as well as Respondent andheard the arguments of both the counsels.

Our findings on the aforesaid issues are as under: 7.1 Issue Nos.

1, 2 and 3 : These issues being inter-related are taken up together for discussion and decision.

The injured Applicant Subrat Chatar has filed an afftdavit in evidence wherein he has deposed before the bench that on 76/08/2018 night he purchased a general class railway ticket from Cuttack ratlway statton and boarded YPR-HWH superfast express train for journey from Cuttack to HWH railway station and due to heavy rush, he was travelling by standing near the gate.

It is stated that during course of his journey, due to jerk of the train supported by push and pull of co-passengers, on the way at Kaprlash road railway station, he accidentally fell down from the said train and sustained grievous injuries on his left hand, right foot and leg with multiple bleeding injuries all over the body.

The Ld. y.

The Ld.

Counsel for the Applicant during argument bmitted \ that the injured is a bona fide passenger and a victim of untoward Page 4 of l0 OA No.

44 12019 incident.

He submitted that the injured before boarding the train at Cuttack railway station had purchased journey ticket and the medical documents such as ticket for outdoor patient, bed head tickets filed along with the claim apphcatron clearly reveals that rt is a case of fall from running train which cannotbe denied.

He pointed outthat the Respondent have nothing to dispute other than general pleading that the victim is not abona fide passenger and there is no eye witness to the alleged incident.

He further statedthatthe incident of fall occurred durtng night time and immediately after the incident, the injured was shifted to hospitalby 708 ambulance, therefore, the possible loss of ticket cannot be denied.

He summed up his argument with the plea that Respondent railway is responsible for the injury sustained by the victim and under section 124 Aof the Railways Act, Railway administration is liable topay compensation.

7.2 The Respondent Railway in the statutory DRM's investigation report have submitted thatthe injured apphcant is not abona fide passenger andthat,there is no eye witness to the alleged incident.

It is stated that the on duty station master, Kapilas road, on duty RPF staff and on duty train guard during their statement before the bench have clearly denied any report of falling down of any passenger from the running train.It is stated that the injured Applicant durtng course of enquiry disclosed thathe fell down from the train due to his own negligence.

The IA.

Counsel for the Respondent during argument subnritted that mere finding a person by the side of ruilway track does not exclusively establish that the said person sustained injury due to fall from a running trarn.

He prayed for dismissal of the claim application accordingly.

7 . ingly.

7 .3 It is a fact that no station diary entry has been made atKapilas road rallway station with regard to alleged accidental fall but the medical documents avallable in the case record such as Outdoor ticket, bed head ticket and dtscharge summary of SCB medical college, Cuttack filed along with the original claim application clearly reveals it is a case of fall from running train that cannot be denied.

The injured apphcant may have been rushed immediately by first means to the hospital as an endeavour to save his precious life and therefore, the reporting of the matter to the Railway authorities may not have been a priority at all in this case) cannotbe ruled out.

The AW 1, the injured A \ Y pplicant, during examination in chief has clearly deposed before the Page 5 of l0 OA No.

44 12019 benchthatthe incident took place 1 KM before Kapilas railway station at about 72.30 AM at night on 16- 17 /08/2018.

He stated that on account of the fall, the lower part of left hand got detached from his hand and there is injury on little toe of right foot, injury on ankle and fracture injury on right foot.

It is a fact that tmmedrately after the incident, the injured was shifted to the nearest hospital by 108 ambulance andhadundergone treatment for more than one month.

Although the Respondent rallway have taken the plea that there is no eye witness to the alleged incident, but in support of such plea, they have not adduced any evrdence to establish that the injuries was sustained by the Applicant due to reasons otherwise.

Going by the circumstantial evidences supported by medical documents, the possible fall from trarn as alleged cannot be ruled out and tt cannot be inferred whatsoever, that the fall was a deliberate act of injury to cause himself irreparable damage.

The Respondent railway on the other hand has not produced any documentary evidence to the contrary andhavefalledto produce any evidence thatthecase comes under theumbrella of exceptions of Sec 724 A of the Rail f the Railways Act to be deemed as an act of criminal negligence.

7 .4 With regard to journey ticket, the injured Applicant has stated that it was lost in the incident.

Going by the timing of the incident, it is stated thatthe incident of fall occurred at 72.30 hours in the night and immediately after the incident, the injured was shifted to nearest hospital by 108 Ambulance, therefore, the plea of loss of ticket as alleged in the claim application cannotbe denied.

The Respondent railway has not produced any evidence to anythtng contrary to establish injured was not abona fide passenger.

Thus, in view of above discussion j we are of the view that the injured Applicant was a bona fide passenger and the injury caused to victim was on account of an accrdental faII from the running train andthe said incident is an "untoward incident" as defined under section 123(c) (2) of the Railways Act 1989 for which Railway Administratron is liable to pay conlpensationu/s 724 A of the Railways Act 1989.

Therefore, these issues are decided tn favour of the claimant.

7.5 Issue No.

4 : So far as quantum of compensation is concerned, we have Sone through the medical documents and Discharge Summary,bedhead ticket and ticket for outdoor patient of SCB medical college, Cuttack.

As per discharge \-t M) Page6of10 OA No.

4412019 certificate of SCB medical college, Cuttack, there is below elbow amputation on the left hand and crush injury on right foot for which he had undergone treatment in the said hospital from 17 /08/2018 to 03/70/2018.

Considering the nature of injuries on the left hand we are of the view that that said injury comes under Sl.

No.4 of Part III of schedule of injuries "for loss of ahand or the thumb andfour fingers of one handor amputation from 4 yz" below space tip of olecranon" for which a sum of Rs. sum of Rs.4,80,O00/-(Rupees Four Lakh Eighty Thousand only) is payable as prescribedunder partl of the Schedule appended to Rule 3 (3) of the Railway Accidents and Untoward Incident (Compensation) Rules 1990.

Moreover, drscharge certifrcate reveals that there is a crush injury on the right foot for which there is spring extension fixation and SSG done on 78/09/2018.

This is a non-schedule injury, hence we by exercising the discretionary power given under Rule 3 (3) of the said Rules and considering the nature of injuries along with trauma, pain suffering and period of hospitalization, we are of the view that a sum of Rs.7,20,000/ - (Rupees One Iakhs Twenty thousand only) is provided as compensation to the injured.

Hence, the injured Applicant is entitled to get total compensation of Rs 6TOOTOOO/-(Rupees Six Lakhs on19 along with the simple interest @ 9o/o per annumfrom the date of incidenti.e.16/08/2018 till the dateof payment.

Both these issues are decided ackordingly.

Hence ordered.

8.

ORDER 8.1 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, I 99O.

5.1.

Many of the clairuants are drawn fi"otn rural areas with low levels of literacy and lower levels of ruaking appropriate decision for the use of antountsguatanteed under the awards.

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

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

The availability of bulk funds in the v Page 7 of l0 OA No.

44 12019 name of an ill-informed clairuant is also a cause for exploitation.

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

The Honble High Court went on to lay down the mode of payment and in pursuance of the Orders passed by the Delhi Hrgh Court, Government of India has issued a Notification of 3rdJune, 2020 amending Railway Accidents and Untoward Incidents (Compensation) Amendruent Rules, 2020, adding Rule 5 which reads as under: 5.

Mode of pavment: 5.1 The Tribunal ruay, in order to protect the suru awarded to the Claimant, having due regard to the illiteracy ot" other disabling factors impairing the judicious use of such sunt, issue directions for disbursing the award in terutts of annuities, fixed deposits or other suitable mode as shall sub- serveiustice.

S.Z If any of the clairnants is a minot' or person of unsound mind, the Triburtal ruay give liberty to the guardian ad litetn to use the interest accruals on the deposit that shall be ruade duilng the ruinority for ruaintenance.

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

5.4 The orders dated 21st Apill, 2017, 24th May,ZO19 and 6th November, 2O1g of Hon,ble H,gh cout"t of Delhi in FAo No.

22/2o15 and CM Application No.

4501/2O15 in Geeta Devi Vs Union of India, relating to disbursentent of cotnpensation shall be tead as part of this Rule.

The injured Applicant is entitled to Bet total compensation of Rs.6rOO,OOO/-(Rupees Six lakh only) along with along with 9o/o interest finom the date of incident i.e.

16/0S/201.5 till the date of payment.

The disbursements will bemadein the following mannerrkeeping in view thebtoad guidelines laid down as pil the Judgment of Delhi High Court in fAO No.

ZZ/ZO1,S andCMApplicattonNo.450ll 2015 in Geeta Devi Vs Union of lndia.

Page 8 of 10 OA No.

44 12019 8.

4 12019 8.2 The injured Applicant is permitted to withdraw only 10% of his awarded amount, i.e.

Rs.

60,000/- (Rupees Sixty Thousand only) along with the proportionate interest which will be deposited in his savings Bank A/c opened in any Nationalized Bank near his place of permanent residence.

To ensure that the bulk funds available to him out of the award is not weaned away due to intervention of possible middlemen or touts, the balance amount of Rs.5,40,000/-(Rupees Five Lakhs Forty thousand only) shal1 be split into 54 fixed deposits of Rs.IO,OOO/ - (Rupees Ten Thousand) each, for a period of 1 to 54 months in the ascending order.

Keeping particularly the disability in mind and also to safeguard the Claimant, it is felt that such mode of disbursement will enable the Claimant to get an assured liquidity every month out of the multiple fixed deposits as opposedto a single fixed deposit over a longer tenure.

The bank shall release the amountwithaccvmulated interest upon maturity of each of these 54 fixed deposits to the credit of the Bank account of the Applicant In the eventuality of the Applicant requiring release of addittonal funds for medic al attention or any exigency by liquidation of the fixed deposits, he is at liberty to approach the Tribunalciting reasons for seeking modifications of the order, which may be considered under the aegis of clause 5.3 of the Gazette of India Notification dated 03.06.2020.

It is often seen that unscrupulous elements target the bulk funds available to poor Applicants out of the award and insist upon the Applicants to open their bank accovnt near to the pLace of residence of such middlemen or touts, but not near to that of the Applicants themselves.

Applicants are coerced into submission that they have shifted their place of residence to a place which is other than their place of permanent residence. residence.

The place of residence for the pu(pose of opening of the bank account is deemed as the place where the Applicant normally resides and this is best proven by the address as depicted in documents such as the Aadhaar card, the voters' identity card and ration card.

Tlre entire ratronale for opening of the bar*. accour* in the place of their normal residence as depicted in such documents is defeated if the same is allowed to be opened at any other lcr,atton, since apart fiom inconvenience for operahonof the bankaccountrit also becomes a stepping stone for exploitation at the hands of unscrupulous elements.

Therefore, in order to safeguard the Applicants from any kind of exploitation at the hands of unscrupulous elements opera$ngin the field, it is imperative thatthebankaccount is operated close to v Page 9 of10 OA No.

4412019 the place of residence ar.d not opened at any location which is far away from the place of their residence while being near the place of residence of such persons intending to exploit them by targettng the bulk funds available with them out of the award.

8.3 The Respondent Railway is directed to deposit the amount awardedwith the Registry of this Bench within a penod of 30 days from the date of communication of this award.

The Claimant shall be entitled interest @ 9yo from the date of incident i.e.76/08/2078 till the date of actual deposit before the Bench.

8.4 The claimant is dtrected to open individual savings bank account in a Nationalized Bank near the place of his pernlanent residence.

The bank is dtrected not to permit anyjoint name(s) tobe added in the savings bankaccount or fixed deposit accounts of the claimants i.e. the saving bank account of the claimants shall be an indivtdual savingbank account and not a joint account.

8.5 The concernedbank is directed not to issue any cheque book (s) and /or debit card (s) to the claimants. claimants.

If the same have already been issued, the bank is directed to cancel the same before the disbursement of the award amount and the bank shall freeze the account of the claimant so that no debit card is issued in respect of the account of the claimants from any other branch of the bank.

The bank should make an endorsement on the passbook of the claimant to the effect that no cheque book and/ or debit card have been issued to the claimant and shallnotbe issued without the permission of RCT.

The concerned bankof the claimant is directed to pern-rit the clarntant to withdraw money from their saving bank account by means of a withdrawal form only.

The claimants are drcected to produce the copy of the order passed by the RCT before the concerned bank whereupon the bank is directed to make an endorsement on the passbook.

8.6 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 the bank to the clatmants.

The nronthly interest to be credited by ECS in the saving bank account of the claimants near the place of their residence.

The maturity amount of the FDRs be credited by ECS in the saving bank account of the claimants near the place V Page l0 of l0 OA No.

44 12019 of their residence.

The bank shall not grant any loan) advance, withdrawal or pre-mature discharge on the fixed deposit without permission of the RCT.

8.7 If the claimant is entitled to exemption of deduction of TDS, he shall submit form 15 G or form 15 H (for senior citizen) to the Presenting Officer of the respondent railway (as applicable under sub section (2) of Section 19 of the Railway Claims Trlbuna!

Act,1 987), so that no TDS may be deducted.

9.

Accordingly, the claim application filed by the injured Applicant stands disposed of.

The Registry is directed to send the certified copy of this judgment directly to the Applicants in his residential address. l address.

Pronounced in the open tribunal today on 75 / 03 / 2024.

Fix.

31 /05/2024 for compliance on judgment above in order No.

37 \g-L-d .-_-- (Ajoy Kumar selr{a) Member (Technical) Date'1,5 /03/2024 the points as mentioned in the @l^en'd'tt eA (Virendra Kumar Goyal) Member (|udicial) Date 75 /03/2024 RAILWAY CLAMS TRIBUNAL BHUBANESWAR BENCH ORDER SHEET Nature of application - Number OA 0lU) No.

44 of 2019 in the case of Subrat Chatar versus- UOI /GM / East Coast Railway, Bhubaneswar Notes the Registrar vide separate sheet attached to the allowed on contest on its merit for Rs.

6,00,000/- (Rupees Six Lakhs only) in favour of the Applic ant along with interest @ 9o/o per annum from the date of incident r.e.

76/08/2018 to till the date of actual payment without costs.

The Respondent Railway is directed to deposit the awarded amount within 30 days from the date of communication of this award with the Registry of this Bench.

Fix 31 / 05 / 2024 for compliance on the following points: - For the Claimants: - 1) Production of Bank Account details opened near his place of permanent residence.

Passbook must contain the necessary endorsement by the Branch Manager of the concerned bank that "No cheque book and/ or debrt card has been issued." If it has already been issued, there should be endorsement that "cheque book and/or debit card has been cancelled and the same shall not be issued without the permission of the RCI." The endorsement must be signed and stamped by the bank official.

2) Production of Aadhaar Card and PAN Card or any other appropriate LD.Card.

3) Two sets of photographs and specimen signatures of the Claimants.

For the Respondent Railway The Respondent Railway shall place on record the proof of deposit of the awarded amount with upto date interest along with a calculation sheet.

Ibee copy of this order be served to both sides Member (Technical) Dt:15/O3/2024 Ohs^^otr[ /"1 (V.K.

Goyal) Member (udicial) Dt:1,5/O3/2024 1,5/03/24