Shaik Baji v. The Union of India

HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.1134 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal is filed under Section 23 of the Railway claims Tribunal Act (for short, “the Act”), against order of dismissal, dated 14.06.2006 made in O.A.A.No. 59 of 2001 on the file of Railway Claims Tribunal, Secunderabad Bench at Secunderabad.

The appellant herein is the applicant and the respondent herein is the respondent in the said application. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the application.

The application was filed under Sections 16 of the Railway Claims Tribunal Act, 1987, read with 124-A and 125 of the Act, seeking compensation of Rs.2,80,000/- on the ground that on

13.02.2001 the applicant boarded II Class General Compartment in Train No.7239 Guntur-Visakhapatnam Simhadri Express at Guntur Railway Station 2nd class monthly season ticket bearing No. 12638007 and while travelling in the train, he slipped and fell down accidentally from the train at Trip shed, Vijayawada due to its speed and jerks and then, the train ran over him and he sustained crush injuries of his right leg, which was subsequently, amputated.

The respondent filed written statement denying the averments made by the applicant with a plea to dismiss the application.

Basing on the above pleadings, the following issues were framed by the Tribunal for trial and disposal:

1. Whether the applicant was bonafide passenger of the Train with No.7239 from Guntur to Vijayawada on Season Ticket on

13.01.2001?

2. Whether the Applicant sustained injuries on account of an untoward incident of accidental train near Vijayawada Trip Shed?

3. Whether the applicant is entitled to claim compensation of Rs.2.8 Lakhs for the injuries sustained by him in the alleged untoward incident?

4. To what relief?”

On behalf of the applicant, the applicant got examined himself as AW.1 and got marked Exs.A.1 to A.4. On behalf of the respondent, nobody was examined and no document was marked.

Basing on the material available on record, the Tribunal dismissed the application on the ground that the applicant failed to prove that he purchased ticket and travelled by that time. Hence, aggrieved by the same, the present appeal is filed.

There is no dispute about the accident whereas there is only dispute about the travel by the train holding valid ticket.

It has to be seen as to whether the applicant was having season ticket to travel by the train and accordingly, he travelled by the train?

POINT: It is a well established principle of law that the Railways have to establish that such a person is a bona fide passenger of a train in question. It is empathetical that as per the claim, the applicant was having season ticket bearing No.12638007 to travel from Guntur to Vijayawada. Therefore, it is for the Railways to establish its plea, placing necessary documentary evidence. But it was not done, for which adverse inference has to be drawn that the applicant travelled by the train legally having that season ticket. Therefore, he is to be termed as a bona fide passenger, which falls within the ambit of 1st limb of 128-A of Railways Act, 1989.

As per the record he got amputation above the knee of his right leg by virtue of the accident. By virtue of the schedule 4 Rule.3 clause 19 of the Act, he is entitled to compensation of Rs.2,40,000/- for the said injury.

By virtue of the decision of Honourable Supreme Court in Tahazahthe Purayil Sarabi v. Union of India[1], the applicant is entitled to interest at the rate of 6% per annum from the date of application till the date of decree and at the rate of 9% per annum from the date of decree till the date of realization.