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2013 DIGILAW 1402 (MP)

Jahida Siddiqui v. Union of India

2013-11-18

ANIL SHARMA

body2013
JUDGMENT : Anil Sharma, J. 1. Case is listed for admission. Respondent is represented through its counsel and the record is received, therefore, the matter is heard finally. 2. This appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment dated 18.02.2013 passed in case No. OA-IIu/BPH/208/0482, whereby claim of the appellants/claimants has been dismissed by the Railway Claims Tribunal Bench at Bhopal. 3. Brief facts of the case are that one Farookh Siddiqui was travelling in a local train on 19.11.2007 from Mumbai CST to Bandra. At about 10:00 p.m., near King Circle Station Kilometers No. 10/27, Farookh Siddiqui fell down from the train due to rush, and jerk caused by the train and died. The deceased was having ticket of general category from Bandra to Mumbai CST and return ticket No. 7244891. Respondent/Railway in its reply denied the death of the deceased Farookh by falling down from the train while traveling in the train. On the other hand, it is alleged that the deceased died due to hit caused by some train; therefore, his death cannot fall within untoward accident. 4. Learned Tribunal has rejected the claim of the claimants/appellants on the ground that the deceased was not having valid ticket for traveling in the train and according to the inquiry conducted by DRM, Mumbai, the deceased died while crossing railway line due to hit caused by some other local train and no ticket was recovered from him. 5. Learned counsel for the appellants/claimants has submitted that the deceased was having valid ticket and there is no specific denial or rebuttal evidence that alleged ticket was not belonging to the deceased. The railway has not adduced any evidence that the deceased was travelling without ticket. 6. The appellants have produced in support of their pleadings, journey ticket Ex. A/1 bearing No. 07244891 which is return ticket from Mumbai CST to Bandra and the return ticket was valid till mid night of 20.11.2007 and the ticket was issued on 19.11.2007. There is no denial of the ticket. There is no evidence establishing the fact that the deceased was travelling without ticket. 7. Learned counsel for the appellants has cited a judgment of this court passed in the matter of Mrs. There is no denial of the ticket. There is no evidence establishing the fact that the deceased was travelling without ticket. 7. Learned counsel for the appellants has cited a judgment of this court passed in the matter of Mrs. Shanti and others vs. Union of India, dated 24.07.2012 passed in MA No. 617/2008; in which it has been held in para 11 of the judgment that "since the railway administration appoints a ticket collector and also having a vigilance team to search the ticket less passenger and can take recourse of the penal provisions as specified under sections 137, 138, 139 and 179 of the Railways Act. In such circumstances, since the railway administration having a mechanism to find out the passengers travelling without valid ticket or pass adopting the recourse as permissible. In such circumstances, presumption can be drawn in favour of the citizen of abiding the law while having journey through train with valid ticket being bona fide passenger. At this juncture, the principle of common law can be noted that "every man is innocent till proved guilty". 8. It has been further held in the judgment that "the burden of proof shifts on the railway administration to lead evidence for proving that the deceased was not a bona fide passenger. The said material may be available with the railway administration which is not produced in this case. In the said context, it can safely be held that the burden of proof shifts on the railway administration in the railway accident claim cases". 9. In the present case, not only the appellants have pleaded that the deceased was having valid ticket for return journey from Mumbai CST to Bandra, until and unless, it is proved by the railway authorities that the deceased was not having a valid ticket, the presumption will be that he was travelling with a valid ticket. Therefore, considering the judgment of this court passed in the case cited above, the learned Tribunal is not justified in holding that the deceased was not having valid ticket. 10. So far as the contention of learned counsel for the respondent with regard to death of the deceased due to hit caused by local train while crossing railway line is concerned, there is ample evidence that the deceased was travelling from Mumbai CST to Bandra. 10. So far as the contention of learned counsel for the respondent with regard to death of the deceased due to hit caused by local train while crossing railway line is concerned, there is ample evidence that the deceased was travelling from Mumbai CST to Bandra. His dead body was not found either in Mumbai or Bandra Station, the place on which dead body was found is not the place the deceased was getting down from the train. Therefore, there is no question of the deceased getting down from the train in the midway of his journey and crossing railway line. Since, the dead body has been found on railway line, therefore, it can easily be alleged that the death occurred due to hit caused by the train passing from the place of incidence but where the deceased was travelling from Mumbai CST to Bandra and he has no reason to get down in the midway. Therefore, the presumption or assumption of death due to hit caused by some train is not reliable and dismissal of the claim on such hypothetical grounds is not sustainable. 11. This court in the case of Mrs. Shanti (supra) has allowed the appeal and held that the death of the deceased was due to untoward event and awarded compensation of Rs. 4 lacs alongwith interest @ 12% from the date of order passed by the Claims Tribunal. 12. Therefore, keeping in view the important finding of this court, appeal filed by the appellants/claimants is allowed. It is held that deceased died due to untoward event while performing journey in train. Therefore, appellants who are legal heirs of deceased would be entitled to receive compensation of Rs. 4 lacs from the railway administration alongwith interest @ 12% from the date of the order passed by the learned Railway Tribunal i.e. 18.2.2013. Parties are to bear their own costs. Appeal allowed.