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Godisela Rajamma And Ors. vs Union Of India (Uoi) on 7 June, 2002 cites

Union Of India And Ors vs Sunil Kumar Ghosh on 21 August, 1984

7. It is submitted by the learned Counsel for the appellants that the Tribunal though held that the deceased was a bona fide passenger having purchased valid ticket and that the applicants are the dependants of the deceased, yet the Tribunal applying the ratio laid down by the Supreme Court in the decision (supra) rejected the claim of the appellants on the ground that there was no accidental fall and the accidental fall has necessarily to be preceded by an accident as defined under Section 124-A of the Railways Act, 1989. The learned Counsel stated that the Tribunal has totally ignored Clause 'c' to Section 123, through which necessary amendment (Act 28 of 1994) was brought to Section 123. Under Clause "c" the expression "untoward under incident" was also brought under Chapter 13, which provides for determination of liability on the Railway Administration, for the death and injury to the passengers due to accident. The learned Counsel stated that as provided under Clause 'c' of Section 123 and Sub-clause (2) of Section 123 of the Act, accidental fall of any passenger from a train carrying passengers would also amount to untoward incident Laying emphasis on the provision, the learned Counsel stated that the Legislature visualized such instances of deaths which are difficult to prove by cogent evidence and as such this provision has been inserted for granting appropriate compensation. The learned Counsel took us to the document filed on behalf of the applicants i.e., certified copy of final report Ex. A.6, in which it is categorically mentioned that from the investigation done and from the evidence collected it is established that the deceased G. Rajaiah s/o. Aarkaiah r/o Bellampally was travelling in DN Mangala Express Train on 8-3-1998 from Chandrapur to Ramagundam on ticket No. 25674 and at KM No 239/20-22 between Rachine Road and Bellampally Railway Station, the deceased fell down from the running train and received injuries and died on the spot. It is further mentioned in the final report that it is a clear case of accident and there was no foul play or suspicion about the death of the deceased. Relying on Ex.A.6 final report submitted by the Sub-Inspector of Railway Police, R.P.S., Bellampally, the learned Counsel submitted that Ex.A.6 final report itself would speak that the death of the deceased is due to accidental fall from the running train and that this is a vital document, which has been ignored by the Tribunal only on the basis of the ratio laid down by the Supreme Court in the decision (supra), which is prior to the amendment brought to Section 123 of the New Act and stated that this is a fit case for granting compensation.
Supreme Court of India Cites 2 - Cited by 35 - M P Thakkar - Full Document
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