High Court Punjab-Haryana High Court

Union Of India vs Rani on 15 September, 2008

Punjab-Haryana High Court
Union Of India vs Rani on 15 September, 2008
FAO No.3168 of 2008                          -1-

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                                                 FAO No. 3168 of 2008
                                  Date of decision: September 15, 2008


Union of India, through General Manager, Northern Railway,
Baroda House, New Delhi.

                                                      .....APPELLANT
Versus


Rani w/o late Sh.Mukesh Kumar and Others.

                                                   .....RESPONDENTS


CORAM:      HON'BLE MR JUSTICE T.P.S.MANN

PRESENT: Mr Sandeep Vermani, Advocate
         for the appellant.


T.P.S.MANN, J.

Claim application filed by the claimants-respondents,

whereby they claimed an amount of Rs. four lac as compensation from

the appellant, on account of death of Mukesh Kumar, in an untoward

incident on 1.8.2006, was accepted by learned Railway Claims Tribunal,

Chandigarh (hereinafter referred to as “the Tribunal”) vide impugned

judgment dated 29.4.2008.

The case of the claimants-respondents was that the deceased

was travelling by train from Barnala to Bathinda and when the train

reached Bhuchho Mandi railway station, he alighted from the train to

take water. When he was in the process of boarding the train, it started

moving, as a result of which he could not board the train and fell down.
FAO No.3168 of 2008 -2-

As he had received injuries, he was taken to Civil Hospital, Bathinda,

where he died. It was also pleaded by the claimants that the deceased

used to travel on monthly seasonal ticket, which was valid up to

2.8.2006. Claiming that they were widow, parents and minor children of

the deceased, who died in an untoward incident, the claimants sought

compensation from the Railways-appellant.

The railways-appellant opposed the claim and denied that

the deceased was travelling from Barnala to Bathinda or that he was

having a valid monthly seasonal ticket. It was also denied, if the

deceased died on account of sustaining injuries due to falling from the

train. In fact, no such incident had taken place on 1.8.2006.

On the basis of evidence led by the parties, learned Tribunal

held that the deceased was a bonafide passenger and on account of

accidental fall, he sustained injuries, which proved fatal. The incident

was squarely covered within the definition of “untoward incident” as

given under Section 123 (c) (2) of the Railways Act and therefore, the

claimants, who were dependents on the deceased were entitled to a sum

of Rs. four lac as compensation.

I have heard learned counsel for the Railways-appellant.

On the basis of evidence led by the parties, learned Tribunal

was justified in holding that the deceased was travelling in a passenger

train and when it reached railway station, Bhuchho Mandi, he got down
FAO No.3168 of 2008 -3-

for a while, but while he was trying to board the train once again, the

train had, in the meantime, started moving slowly and he accidentally

fell from the footboard and received injuries. This act of the deceased

could not be termed as a criminal act, on the other hand, it fell within the

definition of “untoward incident” as contained in Section 123 (c) (2) of

the Railways Act. On account of accidental falling from the train, the

victim received injuries, which ultimately proved fatal.

No evidence has been led by the Railways-appellant to show

that any of the respondents was not dependent upon the deceased.

Moreover, for such an untoward incident, the Railway Accidents and

Untoward Incidents (Compensation) Rules 1990, as amended in 1997

provided a sum of Rs. four lac as compensation on account of death of

railway passenger. The said amount has been granted as compensation to

the claimants-respondents.

No ground for interference in the impugned order is made

out. The appeal is without any merit and therefore, dismissed.

September 15, 2008                                    (T.P.S.MANN)
Pds.                                                      JUDGE