New Delhi, Nov 17 (PTI) The Delhi High Court Thursday set aside a railway claims tribunal order denying compensation to the family of a man who received fatal injuries in fall from a train, and asked it to determine the amount to be paid.
Justice Manoj Kumar Ohri set aside the tribunal’s order saying the man was a “bona fide passenger” and a victim of an “untoward incident” as defined under Section 123(C) of the (Railway Claims Tribunal) Act. The tribunal had dismissed the claim petition filed by the family of the deceased who was travelling from Rajasthan’s Dausa to Delhi by Ashram Express on a valid ticket in October 2015.
In their appeal against the tribunal’s order, the appellants told the court the deceased fell down while trying to de-board at Delhi Cantt Railway Station as the train suddenly started moving.
He sustained grievous injuries and died the same day, they said.
The tribunal had refused to award compensation to him family on the basis of a report of the divisional railway manager (DRM), which claimed that the accident occurred while the deceased was urinating on the railway lines and was run over by a passing train.
The family of the deceased assailed the tribunal’s order on the ground the report was prepared after nearly 15 months of the accident and was primarily based on the statements of the locopilot and the guard of the passing train but the same was contrary to the material placed on record.
The court, in its order, said that while there were different versions of the incident, a perusal of the DRM proceedings showed that the statements of the locopilot and guard were undated and the proceedings itself were conducted belatedly.
It also noted a decision by the high court in another case which held that delay in initiation of DRM inquiry was fatal to the case as it was needed to essentially gather the events of the date of the accident.
The court thus stated that the tribunal erred in placing reliance on the DRM report.
It also recorded that in spite of specific prayer made by the appellants to summon the locopilot and guard, the tribunal did not do so.
“This Court is of the conclusive opinion that not only was the deceased a ‘bona fide passenger’, but also the incident was an ‘untoward incident’ as defined under Section 123(c) of the (Railway Claims Tribunal) Act. Consequently, the appeal is allowed and the impugned order is set aside,” the court said.
“The matter is directed to be listed before the Tribunal at the first instance on 21.11.2022 to determine the amount of compensation to be awarded,” it ordered.
The court also said that the alleged delay by the deceased’s family in reporting the incident is also of no consequence. PTI ADS TIR TIR
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