RANCHI, India, Nov. 18 -- Jharkhand High Court issued the following order on Oct. 17:

1. Union of Inda through the General Manager, Eastern Central Railway is in appeal before this Court against the award of compensation passed by the Railway Claims Tribunal, Ranchi Bench in Case No. OA (IIU)/RNC/2/2024, whereby and whereunder, a compensation of Rs.8 Lakh has been awarded under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 123(c)(2) and Section 124-A of the Railways Act for the death of deceased Vasudeo Das in a railway accident.

2. As per the case of the claimants, deceased Vasudeo Das on 25.04.2019 proceeded on a railway journey from Jamtara to Ranchi after having purchased Ticket No. UTH 95281422 and with a return Ticket bearing No. UWE 24245494 from Ranchi to Jamtara. It is further case that because of excessive rush in the train, probably he changed the train and proceeded by Janshatabdi Express on 26.04.2019. He was supposed to get down at Gomoh railway station, however, his dead body was found on 27.04.2019 at about 8:00 am. at Chichaki Railway Station near Electric Poll No. 333/2009 which is at a distance of 30 km from Gomoh station. Two railway tickets were found on his dead body by RPF personnel.

3. U.D. Case No. 15/2019 was registered. During trial, one of the claimants has been examined as the witness and the following documents were adduced into evidence:

(i) Two original journey tickets-Ext. A-1

(ii) Certified copy of Station Memo- Ext. A-2

(iii) Certified copy of fardbayan-Ext. A-3

(iv) Certified copy of Final Report-Ext. -A-4

(v) Certified copy of Inquest Report- Ext. A-5

(vi) Certified copy of post-mortem report- Ext. A-6

(vii) Photo copy of Death Certificate- Ext. A-7

(viii) Photo Copy of Family Details Certificate- Ext. A-8

(ix) Photo copy of Aadhar Card of Ramani Devi

(x) Photo copy of Aadhar Card of Rajani Kumar Das

(xi) Photo Copy of Aadhar Card of Rajbir Kumar Das

(xii) Photo Copy of Aadhar Card of Sulekha Kumari

(xiii) Photo Copy of Aadhar Card of Sita Kumari

(xiv) Mandate form of the applicants

(xv) Photo copy of bank particulars of the applicants

4. The claim was contested by the Railway on the ground that the place from where the dead body was found i.e. Chichaki Railway Station was Gomoh-Gaya route and not the route of Ranchi to Jamtara and, therefore, there is no evidence on record to show that the deceased was travelling as a bona-fide passenger with valid ticket.

5. The Tribunal recorded a finding that there was every possibility that the deceased could not get down at Gomoh Railway Station to take another train and tried to alite at Chichaki Railway Station which was approximately at 33 km. from Gomoh resulting in the accident. The Tribunal discounted the possibility of any mala-fide, as the deceased was found to be carrying both, to and fro journey from Jamtara to Ranchi and back.

6. It is argued by learned counsel for the appellant that there is no cogent and convincing evidence to account for the dead body which was not enroute for which the ticket was purchased i.e. Ranchi to Jamtara. The deceased had no valid ticket to have reached the place of occurrence. Unless and until it is established that the deceased was a bona-fide passenger for the relevant segment of the train route, the railways cannot be fastened with liability to pay the compensation.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqNkrHRPSvEEORUt81F99CfhE9l41CTCFbF2ObxXMK8GJ&caseno=MA/7/2025&cCode=1&cino=JHHC010330662024&state_code=7&appFlag=)

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