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Showing contexts for: Co passenger in Priyanka Sharma & Ors vs Union Of India on 29 January, 2026Matching Fragments
4. The Tribunal dismissed the claim, on the ground that the body of the deceased remained unnoticed on a busy railway route and was recovered around 7:25 AM on 28.02.2016, i.e., more than nine hours after the alleged incident. The Tribunal further noted that there was a delay in handing over of the tickets to police by the co-passenger and relative of the deceased, Bhagwan Prashar (hereinafter referred to as "co-passenger"), as the same were produced on 28.02.2016 in the afternoon, i.e., one day after the said incident. Accordingly, it was held that the deceased was not a bona fide passenger. It was also held that there was no "untoward incident" in the present case.
5. Learned counsel for the appellants has contended that the Tribunal erred in dismissing the appellants' claim on the ground as to why two separate tickets were purchased when the co-passenger and the deceased were relatives. The delay in producing the said tickets before the police was also taken as a ground for dismissal. While assailing the reasoning qua delayed production of the ticket, learned counsel has relied upon the decision of this court rendered in Charan Singh Vs. Union of India2,wherein the factum of delay of six days in producing the ticket, in the facts of the case, was held insufficient to cast doubt on the status of the deceased as a bona fide passenger. It was further contended that the delay in discovering the (2023) SCC OnLine Del 597 body of the deceased on the railway track was also wrongly considered by the Tribunal while dismissing the said claim, and in this regard, he relied upon the decisions of this Court rendered in Smt. Rinavati & Ors. Vs. Union of India3, and Sh. Surendra Prasad Verma & Anr. Vs. Union of India 4. It was also submitted that the deceased was travelling in an unreserved compartment of the said train and, due to a sudden jerk, he fell from the train and died on the spot. It was further submitted that the DRM had concluded that the death of the deceased occurred on account of a fall from the train. Lastly, it was submitted that the co-passenger had corroborated the sequence of events stated in the appellants' claim, in his statement recorded at P.S. Hazrat Nizamuddin under section 174 Cr.P.C., vide DD No. 8A, on 28.02.2016. It was, therefore, prayed that since the present case involves an "untoward incident" and the deceased was also a bona fide passenger, the present appeal be allowed.
6. Per contra, learned counsel for the Respondent, while defending the impugned judgment, submitted that the Tribunal had rightly dismissed the appellants' claim. Justifying the Tribunal's findings, she submitted that the alleged incident did not constitute an "untoward incident", but was a case of negligence and self-inflicted injury. She submitted that there was no evidence to indicate that the train was overcrowded. It was argued that train doors are ordinarily kept closed and that it was highly unlikely for the deceased to be standing near an open door on a cold winter night. She further (2025) SCC OnLine Del 2976 (2014) SCC OnLine Del 2917 submitted that the natural course of action for the co-passenger would have been to pull the emergency chain to stop the train; however, he failed to do so and instead went to Janakpuri. Lastly, it was submitted that no ticket was recovered during the Jamatalashi. Therefore, it was contended that the deceased was not a bona fide passenger, and, consequently, the appellants were not entitled to any compensation.
9. A perusal of the statement of the co-passenger, in essence, indicates that he met the deceased, his relative, at Agra Railway Station and thereafter purchased two journey tickets, one for himself and one for the deceased. He further stated that the deceased was standing at the gate of the train compartment and that, as the train was approaching Okhla Railway Station, the deceased fell down due to the rush of passengers and a sudden jerk of the moving train. Further, the co-passenger explained that he proceeded to Janakpuri due to urgent work stated that he was in contact with one Pappi Sharma (the uncle of the deceased), whom he had informed about the incident. Subsequently, Pappi Sharma informed him the following day that Tara Chand Sharma had succumbed to the injuries sustained in the fall from the train. Upon receiving this information, the co-passenger went to the police station to hand over the train ticket.