PUTUL SAHA vs C C M/LAW

1 OA(IIU)/RNC/54/2019 RAILWAY CLAIMS TRIBUNAL RANCHI BENCH, RANCHI CORAM: DHRUV SINGH - Member Technical.

Claim Application No.: OA(IIU)/RNC/54/2019 Check List No. : 2907190002 Date of Incident : 04.11.2013 Date of filing : 01.07.2019 Date of decision : 09.02.2024 Smt.

Putul Saha, aged about 45 years, W/o.

Late Sapan Kumar Saha R/o.

Vill – Kali Tala Bara Durgapur, Post & PS- Barharwa, District – Sahebganj, Pin-816101(Jharkhand).

Presently residing at- Chaldhawanipara, Ward No.11, PO & PS- Rampurhat, Dist- Birbhum (W.B.) … Applicant.

Versus Union of India represented by The General Manager, Eastern Railway, Kolkata. … Respondent.

Claim for Rs.4,00,000/- (With interest) Ld.

Counsel for Applicant - Shri Bharat Kumar Gupta.

Ld.

Counsel for Respondent - Shri Sudhir Kumar Srivastava.

J U D G E M E N T 01.

This claim application is filed by the Applicant under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 124-A of the Railways Act, 1989 seeking compensation of Rs.4,00,000/- (Rupees Four Lakhs only) with interest from the Respondent Railway for the death of Shri Sapan Kumar Saha (hereinafter referred to as “the deceased”) in an alleged untoward incident that occurred on 04.11.2013.

2 OA(IIU)/RNC/54/2019 02.

It has been pleaded in the claim application that on 04.11.2013 the deceased Sapan Kumar Saha was travelling by Azimganj-Barharwa train from Nimtita Railway station to Bharharwa Railway station with a valid 2nd class journey ticket.

During the course of journey, the deceased accidentally fell down near Barharwa Railway Station from the said running train and died on the spot.

In this connection a U/D case no.15/13 dated 04.11.2013 was registered by GRPS Thana, Barharwa.

The Applicant (wife of the deceased), being dependent, has filed this claim application for compensation from the Respondent Railway.

03. ilway.

03.

The case was restored to its original number by setting aside the earlier order passed by RCT/Kolkata and Registry was directed to transfer the entire case record to RCT/Ranchi for further proceedings and the claim application was deleted from the cause list of RCT/Kolkata accordingly.

04.

Respondents have filed the Written Statement, denied their liability and submitted that as per Inquest report no journey ticket has been recovered from the possession of the deceased.

Thus, the deceased was not a bonafide passenger at the time of the alleged incident.

On perusal of Fardbayan, statement of applicant does not match regarding purchasing of ticket at Nimtita station.

That the deceased was coming from Nimtita station to Barharwa is false and concocted.

During enquiry it could be learnt that the distance between the house of the deceased and the house of Altaf Sheik is approx.

500 meter and distance between place of incident and the house of deceased is 700 meters.

He was a habitual trespasser and was run over by a Goods train.

It is further submitted that there is absolutely no cogent evidence 3 OA(IIU)/RNC/54/2019 of the alleged accidental fall from a train.

Therefore, the Respondent prayed that the claim application be dismissed on the above ground with cost.

05.

From the pleadings, following issues were framed on 29.06.2015: 1.

Is the claim application maintainable in its present form?

2.

Was the deceased a bonafide passenger having a valid Railway ticket for his journey, as claimed?

3.

Whether the victim died in an untoward incident while making journey by a train as defined under Section 124-A of the Railway Act, 1989?

4.

Whether the applicant is entitled to get compensation for the death of the victim as per the provisions of “Untoward incident’ as prayed for ?

5.

To what other relief, if any, is the Applicant entitled?

06.

In support of their claim, Applicant No.1, wife of the deceased, filed her affidavit for examination in chief as AW. ief as AW.1, was cross-examined by the Respondent and proved the documents, which are filed and marked Exhibits as under.

Sri Ascharya Kumar Saha has filed affidavit as AW.2 and he was also cross-examined by the Respondent.

1.

Certified copy of Inquest Report - Ext.A.1.

Certified copy of Final report - Ext.A.2.

Certified copy of Fardbayan - Ext.A.3.

Certified copy of PM report - Ext.A.4.

Copy of Aadhar card of the deceased 6.

Copy of Aadhar card of the Applicant 7.

Copy of Bank passbooko f the Applicant 8.

Copy of death certificate 9.

Copy of family member certificate 4 OA(IIU)/RNC/54/2019 07.

Respondents have examined two witnesses viz Sri Altaf Sheikh (Local public) and Sri Anil Kumar Hembrom, ASI/RPF Post/Barharwa as RW-1 and RW-2 respectively and submitted Statutory Enquiry Report (DRM’s Report), which is marked as Ext.R1.

08.

Heard both counsels and perused the case file.

On consideration of the material available on record and the contentions of the learned Counsels appearing for both the parties, issue wise findings are recorded as follows: F I N D I N G S 09.

Issue Nos.1, 2 and 3:- Maintainable, Bonafide status and Untoward incident The above three issues are discussed together being inter-linked.

It has been pleaded in the WS that the application filed by the applicant is not maintainable either in law or on facts and there is absolutely no cause of action, on the part of the applicant for filing the application in the present case.

From perusal of case file, it is observed that the applicant is residents of Village/Mohalla : Kali Tala Bara Durgapur, Post & PS- Barharwa, District – Sahebganj, (Jharkhand) and the place of incident is near Barharwa Railway Station which also falls within the territorial jurisdiction of this Tribunal.

Moreover, respondents have not raised any objection, regarding territorial jurisdiction of this claim.

As such, this Tribunal has the territorial jurisdiction to try, entertain and determine this present OA. resent OA.

As per the claimant, the deceased Sapan Kumar Saha was travelling on 04.11.2013 by Azimganj-Barharwa Passenger train from Nimtita Railway station to Barharwa Railway station after purchasing a 2nd class journey ticket, 5 OA(IIU)/RNC/54/2019 which was lost during alleged incident.

As per the Applicant, the incident happened during journey hours and at that time he was holding a valid journey ticket.

Hence, he was a bonafide passenger at the time of the incident.

Respondent Railway has denied and refuted the bonafide status.

As per Inquest Report, no journey ticket has been found from the possession of the deceased.

Therefore, the deceased was not a bonafide passenger at the time of the incident and his death is not covered under the definition of an untoward incident as defined under Section 123(c)(2) and Section 124-A of the Railways Act, 1989.

The enquiry report reveals that on 04.11.2013 at about 05.20 hrs. a memo was received by RPF and GRP/Barharwa from on duty SM/Barharwa mentioning that one unknown male person, aged about 40 years, was run over by an unknown train at Barharwa Railway station near East Panel, Barharwa between Line no.4 and 3.

Due to this, line nos.3 and 4 were blocked.

No journey ticket was found from the possession of the deceased and the deceased was identified as Swapan Saha, son of Lt.

Pramathur Saha.

The applicants have not been able to discharge their initial burden of proving bonafide passenger status.

During enquiry, E.O. recorded the statement of one local resident namely Sri Altaf Shekh, s/o Lt.

Nanu Shekh, who stated that on 04.11.2013 he reached Barharwa Railway station for his own work.

At about 04.00 hrs. in the early morning, he heard that one unknown person was run over by a goods train during shunting.

He saw a gathering of some people around the dead body and he identified the dead body of Swapan Saha.

He further stated that the deceased used to come every day early in morning to line no. o line no.4 of 6 OA(IIU)/RNC/54/2019 Barharwa Railway Station for latrine and thereafter the deceased usually went to his hotel near Sabji Mandi.

This was his routine every day.

On 04.11.2013, after latrine, while he tried to cross the railway line at Barharwa during shunting of a goods train, his chadar was torn by the under gear fittings of the said goods train resulting in his being run over by the goods train.

He further stated that the deceased used to live in his village Kalitala besides him.

Altaf Sheikh appeared as RW-1 and reiterated the events as under:- 1- iz'u&vkidk uke D;k gS\ ftl dsl esa vkt vki xokgh ds fy, vk;s gSa] ;s ?kVuk dc dh gS\ mrj&vyrkQ “ks[kA gesa ?kVuk dh rkjh[k ;kn ugha gS ysfdu bl ?kVuk dks 10&12 lky gks pqdk gSA 2- iz'u&D;k vki crk ldrs gSa fd ml ?kVuk dk le; D;k Fkk\ mrj&ge lqcg esa viuk Bsyk ysdj lCth eaMh dh vksj tk jgs Fks rks ns[ks fd gYyk gks x;k rks gYyk lqudj ge Hkh ogkW ns[kus ds fy, x;s rks ns[ks fd riu lkg dVk gqvk gSA dksVZiz'u&vkSj fQj D;k vki us riu lkg dks igpkuk\ dSls\ mrj&th gkWA riu lkg vkSj esjk edku vxy cxy esa gh gSA 3- iz'u&rks oks ?kVuk dSls gqvk Fkk\ “ko vkius ns[kk Fkk D;k fLFkfr Fkk “ko dk \ mrj&mldk ckWMh pknj ls <aWdk gqvk FkkA ogkaW ekStwn yksxksa us crk;k fd ekyxkM-h ds “kafVax ds nkSjku oks dV x;kA dksVZiz'u& oks e`rd D;k diM-s igus gqvk Fkk\ mrj&mlus gkQ iSUV vkSj Vh”kVZ igus gq, FkkA dksVZiz'u& ?kVukLFky vkSj e`rd ds nqdku dh nwjh fdruh gksxh crk ldrs gSa\ mrj&th gkW djhc 5&7 feuV dh nwjh FkhA dksVZiz'u&tgkaW ?kVuk gqvk vkSj e`rd dk ?kj fdruk nwjh ij gS\ mrj& ;gh djhc ,d fdyksehVjA dksVZiz'u&e`rd ogkW ij “kkSp djus ds fy, D;k jkst tkrk Fkk\ mrj&th gkW ogkW ds yksxksa us crk;k FkkA dksVZiz'u& ;s dkSu yksx Fks ftUgksaus vkidks ;s ckr crk;k Fkk\ D;k vkius Hkh mls “kkSp djrs gq, jsyos ykbZu esa ns[kk Fkk\ fdrus fnu\ mrj&th gkaW eSaus ns[kk FkkA nks fnu ns[kk FkkA dksVZiz'u& ml ?kVuk ds le; dksbZ ;k=h Vsªu ml txg ls ikj gqbZ Fkh D;k\ mrj&th ughaA 4- iz'u& ;s ?kVuk dgkW ij gqvk Fkk\ ;s jsyQkVd cjgjok LVs”ku ls LVs”ku ls fdruk nwj gS\ 7 OA(IIU)/RNC/54/2019 mrj&cjgjok LVs”ku jsy QkVd ds iklA LVs”ku ls djhc 5 feuV dh nwjh ij gSA 5- iz'u&vkidk vkSj e`rd dk ?kj dgkW ij gS\ mrj&ge nksuksa dk ?kj ,d gh eksgYyk esa gS blfy, eSa mls igys ls igpkurk FkkA 6-iz'u&nsf[k;s ;s vkidk c;ku gS bl ij vkidk gLrk{kj gS bls vki igpkurs gSa bls vkj&1 izn'kZ fd;k tkrk gSA mUgsa fn[kkdj iwNk x;kA mrj&th gkW ;s esjk c;ku gS bls eSa igpkurk gwW vkSj bl ij esjk gLrk{kj gSA 7- iz'u&vkidks ;s tkudkjh gS D;k fd e`rd igys “kkSp ds fy, tkrk Fkk fQj nqdku tkrk Fkk\ mrj& oks igys “kkSp djus tkrk Fkk fQj nqdku tkrk Fkk tks mlh jkLrs esa iM-rk FkkA 8- iz'u&e`rd dk D;k nqdku Fkk\ mrj& oks gksVy pykrk FkkA 9- iz'u&vki ;s crk ldrs gSa fd ;g ?kVuk ;k=h xkM-h ls gqvk gS fd ugha\ mrj&ftl le; eSa ogkW x;k dksbZ ;k=h xkM-h ogkW ls ugha xqtjh FkhA 10- iz'u&e`rd dk ckWMh ns[ks Fks vki\ mrj&th gkW eSaus mls nwj ls gh ns[kk cnkZ'r ugh agqvkA 11- iz'u&mlds “kjhj esa dgkW D;k dVk Fkk ;s ns[ks Fks fd ugha\ mrj&th ughaA 12- iz'u&mldk ckMh dgkW ij iM-k gqvk Fkk\ mrj&jsy QkVd ls 10 dne vkxs esa vkSj jsyiVjh ds chpksa chp esa iM-k gqvk FkkA In the fardbayan of Sri Ascharya Saha, brother of the deceased, stated that his brother was coming from Nimtita station.

He reached Nimtita station at about 10.00 PM, purchased a ticket and called him on phone.

In the statement of Smt.

Putul Saha, recorded before RPF, she has neither mentioned the date of the incident nor the train no.

She stated that her husband was coming from Nimtita station to Barharwa station and had taken the train early in the morning which does not match the statement of her brother-in-law.

She has been cross-examined as AW-1.

She admitted that she has no first-hand knowledge of the incident and whatever she knew was as her brother-in-law had told her.

The brother-in-law was examined as AW-2 and he has admitted during cross-examination that he had reached the place of the incident and that no ticket or money was recovered from the possession of the deceased. deceased.

8 OA(IIU)/RNC/54/2019 That the body was lying on the tracks and that he had reached the place of the incident before the police which shows that the place of residence of the deceased was close by.

He has also stated that the deceased had caught the train at night.

In this regard it is observed that the distance between Nimtita and Barharwa is only 40-45 KM as per cross-examination of RW-2 which can be covered within 1 hr.

15 min.

Therefore the deceased would have reached his destination at night.

Moreover, the I.O. of the case stated during cross- examination, that the deceased was run over and no recovery of ticket was made from his body.

As per affidavit of Smt.

Putul Saha as well as Sri Ascharya Saha, the deceased had brought the ticket for travel on 03.11.2013.

During the cross- examination of Sri Ascharya Saha he has admitted that the deceased boarded the train at night.

If this was the case, the deceased would have reached Barharwa within 1 hr.

15 minutes.

However, the body of the deceased was discovered in the morning of 04.11.2013, when the local public spotted the dead body on the tracks.

The applicant has not been able to explain the time gap between the time of arrival of the said train at the destination and discovery of body on the next day in the morning.

The applicant has not been able to prove travel either.

The death of the deceased was caused when Swapan Saha tried to cross the railway line no.3 on south side of Barharwa station crossing point during shunting of a goods train and was run over.

As per fardbayan of Sri Ascharya Saha, the body was found cut from the waist, right hand was 9 OA(IIU)/RNC/54/2019 separated from the shoulder as well as the left hand.

Injuries mentioned in the Inquest **cjgjok LVs”ku ds nf{k.kh jsy iokbaV ij iqjc djoV voLFkk esa dej ls dVdj fpFkM-k] nka;k gkFk ckWg ls cka;k gkFk-------ls dVk gqvk A e`r iM-k yky vkW[k v/k[kqyk eqgW [kqyk dej ls dVdj fpFkM-k ,oa nka;k gkFk ckWg ls ckW;k gksuk iwjk ls dVk gqvk** Th gqvk** The counsel for the respondent has argued that the nature of injuries appears to be due to run over and not accidental fall.

In an accidental fall body is thrown along the track and it is not possible for the body to be cut in half from the waist unless the accident happens alongside a platform and the body falls from platform onto the tracks.

From the above facts and circumstances and relevant records collected during enquiry, it is concluded that the above incident is not covered under the definition of an“Untoward incident” as per Section 123(c) of the Railways Act, 1989.

Further, the investigation has revealed that the deceased had no journey ticket or any other valid authority.

The investigation has also indicated that the deceased was a trespasser as per statement of Altaf Shekh (Local person) and was run over by a goods train.

Here, I would like to quote the provisions of Section 29 of the Railways Act, 1989 wherein “Passenger” means a person travelling with a valid pass or ticket and Section 123(c) (2) of the Railways Act, 1989, “Untoward incident” means the accidental falling of any passenger from a train carrying passengers.

From the provisions, it is clear that all three ingredients are necessary to prove “Untoward incident” i.e., (1) The deceased must be a passenger (2) there must be accidental falling of passenger from train (3) The 10 OA(IIU)/RNC/54/2019 train, from which such accidental falling occurred, must be passenger carrying train.

Thus the above facts and material available on record, it is held that no bonafide status has been established and neither the falling down incident from Train No.635898 Asansol-Ranchi Passenger has been proven by the applicants.

The deceased might have died due to the reasons other than accidental fall from a train.

The contradictions in the claim application, facts available on file and evidence have proved fatal for the claim put forth by the Applicants. pplicants.

As such this bench is of the view that the deceased was neither a bonafide passenger nor his death is covered under the purview of an untoward incident as defined under Section 123 (c) (2) and Section 124-A of the Railways Act, 1989.

Thus, issue nos.1, 2 and 3 are decided against the Applicant and in favour of the Respondent.

10.

Issue Nos.

4 and 5: Dependency and Relief In the light of the findings on the issue Nos.

1, 2 and 3 above, wherein it is held that the claim application is not maintainable either in law or in fact, the deceased was not a bonafide passenger of the train nor met with the alleged untoward incident, the issue of dependency and relief to any compensation does not arise, hence not taken up for discussion.

Therefore, the issues are decided against the Applicant.

11.

As a result, it is, therefore, 11 OA(IIU)/RNC/54/2019 Ordered that the claim application filed by the Applicant is devoid of merits and hence dismissed, on contest.

There is no order as to costs.

12.

The Registry shall supply a copy of this Order to the Applicant and the Respondent separately by Speed Post in compliance of Rule 34(3) of the Railway Claim Tribunal (Procedure) Rules, 1989. (DHRUV SINGH) Member (Technical) RCT/Ranchi 09.02.2024.