Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs Ago
The Calcutta High Court has overturned the order of the railway tribunal and directed the payment of Rs 8 lakhs along with interest, to the kin of a man who died after falling from a moving train in 2001.Justice Shampa (Dutt) Paul held: The original ticket produced and the number of the ticket being the same as the number given in the claim application prima facie proves that the victim in...
The Calcutta High Court has overturned the order of the railway tribunal and directed the payment of Rs 8 lakhs along with interest, to the kin of a man who died after falling from a moving train in 2001.
Justice Shampa (Dutt) Paul held: The original ticket produced and the number of the ticket being the same as the number given in the claim application prima facie proves that the victim in this was a bonafide passenger of the Indian Railways. The D.P. memo and its entries relating to the opinion of the M.O., injuries noted in the P.M. Report of O/C Bantra and the FIR of the U.D. Case all show that the death of the victim was due to accidental falling from a train carrying passengers.
The findings of the tribunal at page 5 of the Judgment as to the ticket is totally in contradiction to findings noted in Para 1 and 2 of the judgment wherein the ticket produced was accepted by the Hon'ble member (Technical)...Thus the order under appeal passed by the Hon'ble Member Technical of the Railway Claims Tribunal, Calcutta Bench at Kolkata dated 06.10.2010 in claim application no. /699/2002 under Section 124(A) of the Railways Act, 1989, being not in accordance with law is set aside, she added.
The present appeal was brought by the kin of the deceased being aggrieved with the order/award dated 06.10.2010 passed by the Member Technical of the Railway Claims Tribunal, Calcutta Bench at Kolkata, dismissing the claim application.
It is submitted by the appellant that the Tribunal passed the order under appeal without considering materials on record and without proper appreciation of the evidence brought before it.
In the claim for compensation, it was stated that the deceased had died due to falling from the moving train, caused by overcrowding and jerking of the train, and had a valid second class ticket for travel.
Court noted that the tribunal had dismissed the claim on the grounds that the place of occurrence was not stated properly, there were no eye witnesses and the victims ticket was not recovered from his belongings after the accident.
Court looked into the issues framed by a division bench earlier, and considered whether the victim was a valid passenger, whether his death was caused by accidentally falling from a moving train, and whether the claimants were his kin who could seek the compensation.
Upon answering all questions in the affirmative, the court set aside the order of the tribunal and directed payment of compensation.
Case: SADHAN DALUI & ORS. VS. UNION OF INDIA
Case No: FMA 531 of 2012
Citation: 2024 LiveLaw (Cal) 266