52 V el FAO No9 of 2010 IN THE HIGH FOR THE STATES OF PUNJAB S HARYANA AT CHANDIGARH eee Date of Decision2 2011 1 F0 Noe99 of 2010 m 9a LajjaWati and others n Appeliants eee 0 cao VERSUS Respondent C9 Union of India CORAM HONBLEMRJUSTICE MOHINDER PAL Z of Local papers may be allowed to see le Whether the judgment7 2e To be referredto the Reportersor not7 should be reportedin the Digest7 I 3e Whether the Z Presentl MrPaul SSaini Advocate for the appeilants m Marwaha Advocate for the respondents wa Z Qm MOHINDER PAL J The who are widow and minor children of Birju deceased are against the judgment dated 262009 by the Railway Claims Tribunal Chandigarh Bench hereinafterreferred to as the Tribunal whereby claim of the appellantsseeking compensation of Rs6000001 on accountof the death of Birju while travellingin a train was dismissede After hearingMrPaul SSaini Advocate appearing for Rawat Seema 2013.04.25 14: 57 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document 53 V e2 FAO Nos99 of 2010 the and MrJagdishMarwaha Advocate appearingfor respondentsthis deserves acceptancefor the reasons to be givenhereinafter In this case the factum Of Birju deceasedJ of the appellantspossessing a valid train the train travellingin the train and then accidentally ticket from the train has been duly provedon record by the 0 0 appellants The Railway Accident and Untoward Incidents I Compensatiot Rules 1990 as amended by 1997 RuIes I referred to as the Rules requireto be interpreted and mere technicalities should not be allowed to create Z hindrance in the way of victims who suffered in such an untowardincident Birju deceasedldied in an untowardincident I byfalling from a running train on 213102002 lidnigh when he t0 Z was travelIing as a bona fide passenger from New Delhi to m on the basis of a valid train ticket Birju leceasedl 7 after purchasing ticket No 55962 from RailwayStation Sadar Z Bazar DeIhi on 2102002 had boarded train NoSDPW2 from Station Sadar Bazar Delhi and alighted en route at Station New Delhi from where he boarded train NoIJPe2 boundfor Faridabad When the train reached near RailwayStation the deceased accidentally fell down from the running train afterhavinglost hisbalance due to a sudden bigjerk to the train due to power break by the driver to stop the train as a result of which Birjusuffered serious grievous and multiple on his bodyIeadingto his death at the spot Section 124A Rawat Seema 2013.04.25 14: 57 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document 54 r V e3m FAO No9 of 2010 of the Act 1989 hereinafter referred to as the Act that when Itl the course of working a railway an untoward occurs then whether or not there has been any wrongfulact neglector defaulton the part of the railway such as would entitle a passenger who has been 1 of a passenger who has been killed to injuredor the maintainan action and recover dama9eS Ill respectthereof the 0 0 railwayadministrationshalinotwithstanding anythingcontained in any I C5 otherIaw be Iiable to pay compensationto such extent as maybe I and to that extent only for Ioss occasioned bY the dh Z of or injury to a passenger as a result of such untoward d incident It hashoweverbeen providedthat no compensationshali 0 be under this Section by the railway administration if the I dies or suffers injury due to suicide or attemptedsuicide Z by him seIfwinfIictedinjurY his own criminal act any act m by him in state of intoxication or insanity and any natural emo cause or diseaseor medical or surgicaltreatment unless such Z treatment becomesnecessary due to injury caused by the said Qm untowardincident It requiresto be taken notice of that in this case the railwaysoneither pleaded nor proved on record that the case of the appellantsfalls within any of the five exceptionis provided under Sections 124A of the Act Besides the RailwayPoIice vide Index No 173 dated 3 102002 opined that the death of Birju had occurred due to railwayaccident Duringthe course of argumentsiearned counsel for the argued that the deceased was not Proved tO be 1 Rawat Seema 2013.04.25 14: 57 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document 55 1 4 FAONoe99 of 2010 ticketwith him while he was travelling in the having a valid train when the incident occurred This argumentof the counsel for the respondents IS without any substance the provisionsof Section54 of the Act which keeping in view that every passengershali on demandby any railway Pas 1 in this behalf present his pas or ticket to such r servant eee forexaminationduring the journeyor at the end of raiiwayservant 0 0 such ticket at the end of the journeyor thejourney and I issued for a specificperiod on the expirationof such C49 if such ticket is I thiscase as noticed above the deceased had period In Z fallen down from the running train when the train Station Faridabad after he had Iost his had reached near 0 due to a sudden big jerk to the train due to applyingpower I break by the driver to stopthe train The deceased had died Z at the spot on account of the grievousand multiple serious 00 havingbeen sufferedby him The argument of the Iearned 7 counsel for the that the deceased was not having Z valid railwayticket with him Iosessignificance as from the Qm Fard Jamatalashi of the deceased conducted on 3102002 of ticket No55962 was made In view of the above the Tribunal was not justified in the claim petitionof the appellants Resultantlythis appeal IS the impugnedjudgmentpassedby the Tribunal is set aside and the appellantsare heldentitled to compensationto the tune of Rse which amount has been prescribedin the Rules in deathcase The appellantsshall aiso be entitled to Rawat Seema 2013.04.25 14: 57 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document 56 r e FAO Noa99 of 2010 interest at the rate of 6 per centper annum on the amount of from the dateof accident ie 3102002 This shall be shared by the appeliants in The this amount before the Tribunal respondentsare directed to a month of the receiptof a copy of this judgment faiiing tm at the rate of 9 per cent per annum will be which the amount of from the date Of 0 chargeable on 0 accident 3 102002 tili its realization After the amount is iee I the Tribunal will disburse the same to the appellants c5 deposited I No l LajjaWati widow of Birju wiil also be entitled to Z receive the amount on behalf of the minor appellants l C MOHINDER PAL OUDGE 2011 Z ak 00 ae Z 1 111 1 1 r 11 1 1 l Rawat Seema 2013.04.25 14: 57 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document