Delhi High Court
Parveen Sharma & Anr vs Union Of India on 14 October, 2014
Author: A.K. Pathak
Bench: A.K. Pathak
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 304/2014
Decided on 14th October, 2014
PARVEEN SHARMA & ANR ..... Appellants
Through : Mr. Anshuman Bal, Adv.
versus
UNION OF INDIA ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
A.K.PATHAK, J.(ORAL)
CM Appl. No.16960/2014 (for condonation of delay) Delay in re-filing the appeal is condoned. Application is disposed of. CM Appl. No.16959/2014 (for condonation of delay) Delay in filing the appeal is condoned. Application is disposed of. FAO No. 304/2014
1. Appellant no. 1 is widow and appellant no. 2 is mother of Late Shri Anil Sharma (hereinafter referred to as ‗deceased'). They filed a claim petition under Section 16 of the Railway Claims Tribunal Act, 1989 before the Railway Claims Tribunal, Principal Bench, Delhi alleging therein that deceased died in an ‗untoward incident' involving a train on 1st September, 2011, thus, appellants were entitled to compensation under Section 124A of FAO 304/2014 Page 1 of 8 the Railways Act, 1989 (―the Act‖, for short). It was alleged that deceased along with appellant no. 1 was coming from Amritsar to New Delhi by the train with valid tickets bearing nos. 29339990 and 29339991. On 1 st September, 2011 at about 5 am deceased, while boarding Kalka Mail at Sonepat railway station, fell down, sustained fatal injuries and died, due to sudden jerk in the train. Respondent denied the happening of incident. It was alleged that deceased was not a bonafide passenger of Kalka Mail. He did not die on account of any ‗untoward incident'. Deceased died due to his own faults, thus, appellants were not entitled to any compensation.
2. Following issues were framed by the Tribunal:-
i) Whether the applicant proves that the death of the deceased had occurred as a result of an untoward incident, as alleged in the claim application?
ii) Whether the respondent proves that the claim is not covered under the ambit of Sections 123, 124 and 124 - A of the Railways Act, 1989?
iii) Whether the applicant proves that the deceased was a bonafide passenger on the train in question on the relevant day?
FAO 304/2014 Page 2 of 8
iv) Whether the applicant proves that she is the dependent of the deceased in the meaning of Section 123(b) of the Railways Act?
v) To what order/relief?
3. Appellant no. 1 examined herself as AW-1. She also proved certain documents as Ex. AW1/2 to Ex. AW1/21. As against this, respondent examined Shri Ram Singh as RW-1 and driver of the train Shri Bhola as RW-2. Documents were proved as Ex. R-1 to Ex. R-4. Tribunal heard counsels for the parties and perused the record and has concluded that deceased was not a bonafide passenger of Kalka Mail train. Tribunal observed that in the application, it was alleged that deceased along with appellant no. 1 was travelling from Amritsar to New Delhi. Tickets were issued at Amritsar on 31st August, 2011 at 19.05 hours. Distance between Amritsar to New Delhi is about 449 kms. Deceased had not boarded Kalka mail at Amritsar. There was no occasion for the deceased to break the journey at Sonepat which was hardly 45 kms from Delhi. No satisfactory explanation was given as to why deceased was boarding Kalka Mail train at Sonepat. Though AW - 1 claimed that she along with deceased got down at Sonepat due to heavy rush but the fact remains that deceased could not have broken the journey, in order to change the train at Sonepat, which is hardly FAO 304/2014 Page 3 of 8 50 kms away. Even otherwise, facility of breaking the journey at Sonepat was not available to a passenger since as per the rules, journey can be broken only after 500 kms. Tribunal has further noted that AW-1 had admitted in her cross-examination that they had travelled in the train from Amritsar till Sonepat by sitting in a compartment. If that is so, there was no occasion for breaking the journey at Sonepat. RW-1 and RW-2 testified that deceased jumped before the Kalka mail when the train arrived at the platform. He jumped before the engine and died. As per the DRM's report Ex. R-1, deceased had suddenly jumped in front of the engine. Driver of the train informed this fact to Station Master as also to Guard on walky-talky. RW-1 had deposed that driver of the train informed him through walky-talky about this fact. On the basis of this information, memo Ex. R-2 was issued to Inspector, GRP. RW-2 Shri Bhola Manjhi, Driver of the train also deposed that when train arrived at Sonepat at 5.20 hours at platform he noticed one man jumping before the engine in front of ASM's office. RW-2 made an entry in this regard in driver's note book Ex. R-4. As per the report of Inspector, GRP, Ex. R-1 also deceased had jumped on the tracks in front of the engine of Kalka mail, in order to commit suicide. FAO 304/2014 Page 4 of 8
4. I have heard learned counsel for the appellants and perused the material placed on record in the context of findings of fact returned by the Tribunal and do not find any perversity or illegality therein, inasmuch as the view taken by the Tribunal is in conformity with the evidence adduced on record. AW-1 does not appear to be trustworthy and reliable witness. According to her, she along with deceased was coming from Amritsar to New Delhi but she did not mention as to which train they had boarded at Amritsar on 31st August, 2011. She stated in cross - examination that they were sitting in the compartment. It is, thus, highly improbable that they would have de-boarded the train at Sonepat to change the train, more so, when New Delhi railway station was hardly 50 kms away. It is not the case that they were coming in a standing position all throughout from Amritsar to Sonepat. Thus, there was no occasion for them to change the train at Sonepat. They had already covered about 400 kms and were occupying a seat. In such a scenario, it is highly improbable for any prudent person to change the train for covering hardly 50 kms. Story as propounded by the AW-1 is highly suspicious and doubtful.
5. As against this, cogent evidence has been led by the respondent to prove that deceased had jumped before the engine of Kalka Mail when train FAO 304/2014 Page 5 of 8 reached in front of ASM's office at Sonepat. Immediately after the incident, driver reported this fact to Station Master on walky - talky, inasmuch as the same is reflected in the driver's note book. RW-1 and RW-2 have corroborated this fact. Their statements on this point have remained unshattered in their cross-examinations. There is no reason to disbelieve their version, which is supported by the documentary evidence.
6. Section 124-A of the Act reads as under:
―124A. Compensation on account of untoward incident.--When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident:FAO 304/2014 Page 6 of 8
Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to -
(a) suicide or attempted suicide by him;
(b) self-inflicted injury;
(c) his own criminal act;
(d) any act committed by him in a state of intoxication or insanity;
(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.
Explanation.--For the purposes of this section, ―passenger‖ includes--
(i) a railway servant on duty; and
(ii) a person who has purchased a valid ticket for travelling by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.‖
7. A perusal of aforesaid provision makes it clear that liability of the Railways is ‗strict liability' and irrespective of negligence of the passenger. Railway Administration is liable to compensate a passenger who has sustained injuries and to the dependents of the passenger who has died FAO 304/2014 Page 7 of 8 relating to a train in an ‗untoward incident'. Under Section 124-A the liability to pay compensation is regardless of any wrongful act, neglect or default on the part of the railway administration. However, proviso to Section 124-A indicates that no compensation shall be payable by the railway administration if a passenger dies or suffers injury due to suicide or attempted suicide by him. In this case, deceased did not die by accidental fall while boarding the train nor had he sustained any injury in the course of working of railway. He himself jumped in front of the train when it arrived at Sonepat station. It appears that he committed suicide by jumping in front of the train. Accordingly, appellants are not entitled to compensation in view of proviso to Section 124-A of the Railway Act, 1989 and Tribunal has rightly passed the impugned order, on the evidence which had come on record.
8. In view of the above discussions, appeal is dismissed.
A.K. PATHAK, J.
OCTOBER 14, 2014 rb FAO 304/2014 Page 8 of 8