RANCHI, India, May 30 -- Jharkhand High Court issued the following order on April 30:

1. Heard Mrs. Chaitali C. Sinha, learned counsel appearing for the appellants and Mr. Abhijeet Kumar Singh, learned CGC appearing for the sole respondent-Railway.

2. This appeal has been preferred against the judgment dated 27.01.2020, passed in Case No. OA(IIU)/RNC/76/2018 [Checklist No. 2905180005], by the learned Railway Claims Tribunal, Circuit Bench, Ranchi, whereby, the claim application filed by the appellants herein has been rejected by the learned tribunal.

3. Mrs. Chaitali C. Sinha, learned counsel appearing for the appellants submits that the claim case was filed alleging therein that on 01.07.2017, the deceased Mahendra Ram @ Munni Ram after purchasing a valid second class ticket for Jamui Station to Jasidih Jn., for going to Baidyanathdham (Deoghar) via Jasidih, boarded in a second class compartment of Amritsar Howrah express train at Jamui Station. The appellant No.2 namely Naveen Ram accompanied the deceased upto Jamui station and he purchased the said valid express ticket and handed over the same to the deceased. Due to heavy rush in the said compartment, the deceased stood near the gate inside the compartment of the train.

4. She submits that in the meantime the said train suddenly started and moved forward and when the said train was moving between Pole/K.M.No.392/22 & 391/24 east of Jamui Station, there was a sudden jerk, and due to intense jostling amongst the passengers near the gate inside the compartment and as well as jerk of the moving train and the deceased who was standing near the gate inside the compartment of the train accidentally fell down from the moving train after Home signal of Jamui station. As a result of which the deceased sustained serious injuries and died on the spot. She submits that for the said accident, Jamui Rail P.S. Case (UD Case) No. 31 of 2017 was registered on 01.07.2017 and the railway police investigated and prepared the inquest report in the said case and found the factum of the occurrence to be true and further found that the deceased died as a result of falling from the train bearing No. 13050. She further submits that the railway police has also prepared a final report dated 02.07.2017 and concluded that the deceased died as a result of falling from a train.

5. She also submits that the learned tribunal has rejected the claim of the appellants on the ground of jurisdiction, which is further not tenable in view of the fact that the accident took place in the year 2017 and the said claim case was filed in the year 2017 itself and in view of Rule-8 of the Railway Claims Tribunal (Procedure) Rules, 1989, the four places are said to be the jurisdictional places, where the case is being registered and these are

(i) over the place from which the passenger obtains or purchases his pass or ticket, or

(ii) where the accident or untoward incident occurs or

(iii) where the place of destination station lies or

(iv) where the claimant normally resides. She submits that the claim case was registered at Ranchi, as the deceased was traveling from Jamui Station to Jasidih Station. She further submits that however, the said Act was amended in the year 2020, which has been effected with effect from 10.01.2020 and two places are said to be the territorial jurisdiction over the place where the accident or untoward incident occurs or where the claimant normally resides. She submits that in view of the above, the learned tribunal has wrongly relied on the amended provision, as the case was of the year 2017. She submits that the Railway Tribunal, Ranchi was having the jurisdiction in view of the fact that the accident was of the year 2017.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqEnX%2BfC%2F5kR7InlzQXtDqHWgTMnsOLnE4WXcV5FTHh3O&caseno=MA/241/2024&cCode=1&cino=JHHC010210992024&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.