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2012 DIGILAW 310 (PAT)

Balister Mahto v. Union of India

2012-02-23

RAKESH KUMAR

body2012
ORDER Heard Sri Krishna Mohan Murari, learned counsel for the appellant and Sri Anil Singh, learned counsel, who has appeared on behalf of Respondent/Union of India through the General Manager, North East Railway, Gorakhpur (U.P.). 2. The present appeal under Section 23 of the Railway Claims Tribunal Act,1987 has been preferred against an order dated 24.03.2011 passed by the Railway Claims Tribunal, Patna Bench, Patna ( hereinafter referred to as “the Claims Tribunal”) in case No.O.A. 00101/2000. By the said order, the Claims Tribunal has rejected the claim petition. 3. Short fact of the case is that on 19.07.1999, the dead body of father of the appellant, namely, Dallu Mahto was found near Platform No.1 at Thawe Railway Station. U.D. Case was registered. After the dead body was found, inquest report was also prepared on the same day and the dead body was sent for postmortem examination. In U.D. Case, the police conducted an enquiry and final report was submitted by the railway police, Siwan (Thawe), which has been brought on record as Ext. A-5. The railway police during investigation noticed that the accident of deceased had occurred, while he was getting down from a train at Siwan Railway Station and subsequently noticing the fact that the injured was resident of Thawe, some passengers loaded the father of the claimant in injured condition on a train, which was going to Thawe Railway Station and thereafter dead body was unloaded at Thawe Railway Station. The appellant on the plea that the deceased died in an untoward accident filed a claim case, which was numbered as Claim Case No. O.A.00101 of 2000. The claimant besides filing copy of final report, postmortem examination report, his affidavit as well as affidavit of one of the witnesses, namely, Munna Pandey, copy of the postmortem report, has also brought on record railway ticket pertaining to journey from Jagi Road Station to Siwan Station, which has been marked as Ext.A-9. The claiman-appellant claimed that the father of the claimant was coming from Jagi Road to Thawe after purchasing a railway ticket from Jagi Road Station to Siwan Station and, thereafter, he was to proceed for Thawe. The claiman-appellant claimed that the father of the claimant was coming from Jagi Road to Thawe after purchasing a railway ticket from Jagi Road Station to Siwan Station and, thereafter, he was to proceed for Thawe. However, while getting down from the train at Siwan Railway Station, accident took place in which he had received serious injury and on the same day, he succumbed to the injuries while he was boarded on a train from Siwan to Thawe in injured condition. It was submitted by the learned counsel for the appellant that the learned Claims Tribunal has not considered the railway ticket, which was produced by the claimant and ignoring the evidence on record has rejected the claim petition filed by the claimant. It was submitted that it was a specific case that the deceased was a bona fide passenger and in untoward incident he died. Learned counsel for the appellant has further submitted that since on record, there was railway ticket, the claims Tribunal was required to allow the claim petition and without application of mind, the learned Claims Tribunal has dismissed the same, which is required to be interfered with. 4. Sri Anil Singh, learned counsel for the Respondent has vigorously opposed the prayer of the appellant. It was submitted that immediately after the dead body was found at Thawe Railway Station, an inquest report was prepared. In inquest report it was specifically mentioned that clothes, Pass-Book and certain cash amount were recovered from the dead body. The same fact has been mentioned in column no.7 of the inquest report i.e. Ext. A-6. He further submits that non-mentioning of railway ticket in the inquest report is sufficient to draw an inference that the deceased was not having railway ticket and, as such, he was not a bona fide passenger. While referring to affidavit filed by one of the witnesses, who is none else but a co-villager of the claimant, it was submitted that the recovery of railway ticket was purposely introduced by the claimant by filing the affidavit. The affidavit of Munna Pandey (A.W.2) makes it clear that false story was concocted. He has referred to paragraph-6 of the affidavit of A.W.2, wherein it has been indicated that “the police after completion of all legal formalities handed over the dead body to them. The affidavit of Munna Pandey (A.W.2) makes it clear that false story was concocted. He has referred to paragraph-6 of the affidavit of A.W.2, wherein it has been indicated that “the police after completion of all legal formalities handed over the dead body to them. The police also returned his house-hold articles like clothes, Bank Pass-Book, Railway ticket etc to his family”. Falsity of the aforesaid statement, according to Sri Anil Singh, learned counsel for the Respondent, is proved from perusal of inquest report as well as final report submitted by the police, wherein also it has been indicated regarding return of certain materials, but not the ticket, which has been introduced at subsequent stage. 5. Sri Anil Singh, learned counsel for the Respondent has also argued that no such occurrence or untoward incident had taken place at Siwan Railway Station on the date i.e. 19.07.1999. In support of this assertion, the railway has brought a report before the Claims Tribunal, which is Ext. R-1, of Station Superintendent, Siwan. He submits that said report was considered by the Claims Tribunal. 6. Besides hearing learned counsel for the parties, I have also perused the materials available on record including Exhibits. Perusal of the inquest report makes it clear that no railway ticket was recovered from the dead body at Thawe Railway Station. It has further been corroborated in the final report submitted by the police, whereas other relevant documents; such as copy of Pass-Book, cash amount etc. were recovered, which has also been mentioned in column no.7 of the inquest report. Contrary to the evidence on record, affidavit of A.W.2 has been brought on record, wherein he has asserted that besides other articles, railway ticket was also handed over and subsequently a railway ticket has been introduced by the claimant before the Claims Tribunal without any cogent material. 7. After going through the impugned order as well as materials available on record, the Court is of the opinion that the learned Claims Tribunal has rightly rejected the claim petition, which requires no interference. Accordingly, the appeal stands dismissed.