Tapan Dey Vs. Union of India - (Railway Claims Tribunal) (21 Nov 2018)

Railway administration is not liable to pay compensation, if passenger dies or suffers injury due to- suicide or attempted to suicide by him or self-inflicted injury

MANU/RL/0237/2018

Civil

The Applicant has filed present claim petition under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs. 4,00,000 along with cost and interest for himself as well as on behalf of his wife, as dependants for the death of his unmarried son, Tanmoy Dey who stated to have died in an untoward railway accident. It is claimed that, Tanmoy Dey, since deceased was travelling from Sealdahto Shyamnagar Railway Stations by local train and he accidentally fell down from the said running train near Shyamnagar Railway Station, sustained severe injuries on his person and with the help of local people was taken to Hospital, where he declared brought dead.

The Surathal Report was prepared based on mere presumption and as such the same is devoid of any merit in the eye of the law. That apart, in the Final Police Report , there is no mention that the victim died falling down from the train. Even the P.M. Report does not reflect any specific reason of sustaining fatal injury by the victim. On the other hand, in the DRM's Report, it has concluded that deceased Tonmoy Dey was standing at platform of Shyamnagar Railway Station in careless manner when he was knocked down by through pass Train and sustained severe head injury and later he expired. This document has not been disputed by the Applicant by producing any contrary evidence.

That apart, proviso to Section 124-A of the Railways Act, 1989 provides that, no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to- suicide or attempted to suicide by him; self-inflicted injury; his own criminal act; any act committed by him in a state of intoxication or insanity; any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. The Respondent railway is exempted from paying compensation to the Applicant in view of proviso to Section 124-A of the Act

Further, in regard to alleged monthly ticket, as filed in the record, the Tribunal observed that such ticket appears to have been neither handed over by Hospital Authority nor Police for which the formal proof of the ticket, so filed, could not be substantiated. Accordingly, ticket, so filed, is unable to attract any evidentiary value in the eye of law. Moreover, once the Applicant has failed to prove that, the deceased met his death in an 'untoward incident', it does not remain relevant to deal with the question of whether the deceased was armed with journey ticket.

In view of the facts, evidences, circumstances and documents available in the record, since the Applicant has miserably failed to prove that his son died due to a reason which may fall within the ambit of 'untoward incident', as per provision of Section 123(c) (2) of the Railways Act, as alleged by the Applicant and as the Applicant has also been failed to establish that the victim was a bona fide passenger on the date of the alleged incident, the Tribunal is absolutely helpless to consider the Issues in favour of the Applicant. Instant claim applications dismissed.

Tags : COMPENSATION PAYMENT EXEMPTION