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2022 DIGILAW 932 (MP)

Zaibun Nisha v. Union of India

2022-07-14

VIVEK AGARWAL

body2022
JUDGMENT 1. This miscellaneous appeal is filed by the appellants/claimants being aggrieved of judgment dtd. 10/6/2019 passed by Dr.Dinesh Kumar Tripathi, Member (Technical), Railway Claims Tribunal, Bhopal Bench, Bhopal in Claim Application No.OA1 IIu/BPL/2014/427 rejecting their claim filed on account of the accidental death of Mohammad Salim @ Salim S/o. Late Gafoor Khan due to fall from the train on 23/8/2014 when his dead body was recovered at KM-834/22-24 on the down-track and refusing to accept the deceased to be a bonafide passenger. 2. Learned counsel for the appellants drawing attention of this Court to the Report of the Senior Divisional Safety Commissioner, Bhopal dtd. 22/1/2019 as has been brought on record by the Railway Authorities alongwith their written statement submits that in Paragraph No.8 of the said report itself, it is mentioned as under:- 3. Learned counsel for the appellants submits that filing of the original ticket at a belated stage cannot be said to be a ground for rejection of the claim application when in the D.R.M report itself, it is mentioned that during the search of the deceased, the Ticket bearing No.B-63082559 dtd. 23/8/2014 for journey between Hoshangabad to Bhopal was recovered. Thus, the Railway Claims Tribunal erred in holding the deceased not to be a bonafide passenger. 4. Reliance is placed by learned counsel for the appellants on a Coordinate Bench Judgement of this Court in Baldev Raikwar versus Union of India 2013 (2) M.P.H.T 62 wherein it is held that where there is evidence that the deceased had purchased the requisite ticket and there was no evidence in rebuttal then the burden is on the Railway Administration to prove that the deceased was not a bonafide passenger and since this burden was not discharged by the Railway Administration, the Court held that the deceased was a bonafide passenger. 5. Reliance is further placed by learned counsel for the appellants on the Coordinate Bench Judgment of this Court in Pushpa Devi Vs. General Manager, 2015(1) M.P.L.J 593 wherein it is held that if the deceased got down at platform either to quench his thirst or he might have found difficult to board train due to crowd when it started moving then it cannot be said that the deceased was not acting like a prudent man and deliberated a self inflicted injury. Consequently held that deceased was a bonafide passenger and his death was an untoward incident. Consequently held that deceased was a bonafide passenger and his death was an untoward incident. 6. Another important judgment cited by learned counsel for the appellants in Sheikh Mahboob Basha and others Vs. Union of India 2016 ACJ 1882 is also relevant where the High Court of Judicature at Hyderabad drew a presumption in favour of the deceased that generally every passenger holds a valid ticket unless the contrary proved. As far as the contention of the Railway Claims Tribunal that the act of the deceased in tarvelling on a foot-board of a train will constitute an offence and will fall within the exceptions provided under Sec. 124-A of the Railways Act is concerned, no such evidence is available on record while infact it has come on record that the dead body of the deceased was recovered between Habibganj Railway Station and the Main Railway Station under Aishbagh Police Station, which means that the train was about to reach the Bhopal Station and if the passenger was preparing to deboard the train and if he falls due to some push or any other external course then it cannot be said that he was negligent and his case will fall within the exception provided under Sec. 124-A of the