THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 288 of 2003 JUDGMENT: 1. This appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is preferred aggrieved by the order dated 22.10.2002 in O.A.A. No.127 of 1999 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby the claim application of the appellants was dismissed. 2. The appellants herein are the applicants, and the respondent herein is the respondent, before the Tribunal. For sake of convenience, the parties are hereinafter referred to, as they are arrayed before the Tribunal. 3. The applicants herein filed the O.A.A. claiming compensation of Rs.4.00 lakhs stating that on 20.03.1999, one Bodapati Hanumantha Rao (hereinafter referred to as ‘the deceased’) accompanied by one R.M.P. Doctor B.Bhagat Singh, purchased two second class tickets to travel from Vijayawada to Gudiwada and was travelling in train no.7056; that, during journey, the deceased went to toilet and while returning he slipped and fell down from the running train at KM No.6/1-5/12 between Ramavarappadu and Satyanarayanapuram railway stations and died on the spot, and that, he was possessing railway journey ticket no.92040 from Vijayawada to Gudiwada. 4. The respondent filed written statement denying the averments in the application and stating that the said Bhagat Singh has not given any report about the incident immediately on arrival of the trian at Gudivada railway station; that the report in the present case was received by police at 9.15 hours on 20.3.1993, and that, name of the alleged eye-witness Bhagat Singh was not shown as panch witness in inquest report; that, the death of the deceased on account of fall from the said train, was due to his negligence, and hence, the applicants are not entitled to any compensation. 5. Basing on the above pleadings, the Tribunal framed the following issues. 1) Whether the applicants are dependants of the deceased Bodapati Hanumantha Rao ? 2) Whether the deceased was a bonafide passenger of train no.7056 Hyderabad-Narsapur express, travelling from Vijayawada to Gudivawa on 20.3.99 ? 3) Whether the deceased died as a result of an untoward incident of the accidental fall from the train between Ramavarapadu and Satyanarayanapuram railway stations ? 4) to what relief ? 6. On behalf of the applicants, A.Ws. 1 and 2 were examined and Exs.A1 to A.6 were got marked. On behalf of the respondent, R.W.1-Guard of Train no.D-110 Machilipatnam-Vijayawada passenger, was examined and got marked Exs.R1 and R2. 7. The Tribunal, on the ground that there was no evidence to show that the deceased was travelling in the train no.7056 from Vijayawada to Gudivada, dismissed the application. Challenging the same, the present C.M.A. is filed by the applicants. 8. Now, the point for determination is whether the order of the Tribunal is correct and proper ? 9. Heard both sides. 10. Under Section 124A of the Railways Act, when a person dies or sustains injuries, traveling as a passenger in a train, Railways are liable to compensate him. The word ‘passenger’ defined under the said provision reads that a person traveling in the train with a valid ticket. 11. On the ground that Ex.A2, which is inquest report prepared under Section 174 of the Code of Criminal Procedure, 1973, was brought into existence, the Tribunal did not grant any compensation. It is nobody’s case that Ex.A2 was brought into existence after due deliberations. Police, after receipt of first information, registered the case and conducted investigation. During the course of investigation, police conducted inquest on the dead body of the deceased. During the course of inquest, police also seized a ticket for travelling in Express train from Vijayawada to Gudiwada. The inquest mediators opined that the apparent cause of the death of the deceased was due to fall from running train. The objective findings of the investigating officer are admissible under the Indian Evidence Act, 1872. If the findings are based upon the information given by somebody, then such evidence is hit by rule of hear-say. The objective findings recorded by police in this case is seizure of the ticket. It is based upon the factual aspects. Therefore, seizure of the ticket as mentioned in Ex.A2, can be used as evidence. Therefore, from the recitals in Ex.A2, it is clear that the deceased must be travelling from Vijayawada to Gudivada in train no.7056. 12. No doubt, the Tribunal has not placed any reliance on the evidence of A.W.2 because of not giving report to police when the deceased was found missing. Even if the evidence of A.W.2 is to be rejected on the ground that he did not report about the incident to anybody, the Latin maxim Res ipsa loquiuor which means the things speak for itself, would come into play. If the deceased was not travelling in the train, he would not have ticket in his possession to travel from Vijayawada to Gudiwada. Further more, the evidence of R.W.1 is that, after passing Ramavarappadu railway station, dead body of the deceased was found at KM 6/1-5/12 on the track and it appears that it was ran over by previous train no.7056. The reason given by the Tribunal for rejecting the evidence of A.W.2 is that his name is not cited as one of the witnesses during inquest. But, in col. IV of Ex.A2-inquest report, it is clear that name of A.W.2 is shown as the person who had last seen the deceased alive. That shows that A.W.2 was also travelling in the train. Perhaps, he might not have noticed the deceased falling from the train as the deceased went to toilet. If really, A.W.2 had witnessed the deceased falling from the train, he should have given a report. So, falling of the deceased from the train was not within the knowledge of A.W.2. Therefore, he could not report the same to police. But, the fact remains that he was the person travelling in the train at the time of the untoward incident. That is the reason why his name was clearly noted as the person who had last seen the deceased alive. The evidence on record would clearly go to show that the deceased was a bona fide passenger within the meaning of Section 124A of the Railways Act and that he died because of a jolt to the train. It is not the case of anybody that the deceased committed suicide. If it is a case of suicide, the valid ticket to travel in train no.7056 from Vijayawada to Gudiwada would not have been found in the purse of the deceased. Therefore, from the evidence on record, it is clear that the deceased died as a result of untoward incident. Hence, the claimants, who are wife and children of the deceased, are entitled for compensation. As per the Schedule, the appellants/applicants are entitled for compensation of Rs.4,00,000/- (Rupees four lakhs only). 13. In the result, the Civil Miscellaneous Appeal is allowed, setting aside the order dated 22.10.2002 in O.A.A. No.127 of 1999 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad. The respondent is directed to pay compensation of Rs.4,00,000/- to the appellants/applicants. Out of the said compensation amount, an amount of Rs.2,00,000/- shall be paid to the first applicant and an amount of Rs.1,00,000/- each shall be given to the applicants 2 and 3. The respondent is directed to deposit the compensation amount within a period of two weeks from today, failing which the applicants are entitled to realize the same with interest @ 9% per annum from the date of this order. No costs. --------------- 07.04.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 288 of 2003 Date: 07.04.2010 Between: Bodapati Dhanamma & others …appellants And Union of India, rep. by the General Manager, Sough Central Railway, Rail Nilayam Secunderabad …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 288 of 2003 07.04.2010