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Gagjibhai vs Union

High Court Of Gujarat|18 November, 2010


By way of present appeal, the appellants have prayed for quashing and setting aside the judgment and order dated 30th October 2009 passed by the Railway Claims Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as 'the Tribunal') in Case No.OA 0100016 and allowing the claim of the appellants.
It is the case of the appellants in brief that on 21st March 2000, Mafabhai- son of the appellants, was to go from Thangadh to Surendranagar and he had purchased Second Class ordinary ticket from Thangadh Railway Station and boarded the Train No.204 UP. It is further the case of the appellants that there was heavy rush in the train and Mafabhai got space to stand near the door. The driver of the train applied sudden brakes and on account of the same, Mafabhai fell down from train near Chamraj Station and sustained severe injuries and died on the spot. Therefore, the appellants being his parents filed the claim petition under Section 124-A of The Railways Act, 1989 (hereinafter referred to as 'the Act') for an amount of Rs.4 lacs, which ultimately came to be dismissed. Hence, present appeal.
Dave, learned advocate for the appellants, has submitted that the Tribunal has erred in not appreciating the fact that the deceased was a traveller from Thangadh to Surendranagar and he was having a valid ticket of the very train; that even the place of accident falls between Thangadh and Surendranagar, which has not been considered by the Tribunal and that the Tribunal has erred in appreciating the evidence of the driver who is an interested witness. In view above submissions, it is prayed that the appeal may be allowed by allowing the claim of the appellants.
Having considered the contentions raised by the learned counsel for the appellants, averments made in the appeal and the documentary evidence produced on record, it transpires that the Tribunal after taking into consideration all the relevant documents and evidence on record has rightly dismissed the petition filed by the appellants. The very issue which is raised in the appeal is whether any untoward incident within the meaning of Section 123(C)(2) of the Act took place as alleged by the appellants, has rightly been appreciated and considered by the Tribunal. It would be beneficial to reproduce the said Section 123(C) as under :
Section 123(C) : "untoward incident" means-- (1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987; or (ii) the making of a violent attack or the commission of robbery or dacoity; or (iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or (2) the accidental falling of any passenger from a train carrying passengers."
(Emphasis supplied) Looking to the panchnama of scene of incident and the inquest panchnama, it transpires that the deceased had dashed with the engine of the train. Further, the said aspect is also corroborated by the evidence of the driver of the train, which has been observed by the Tribunal. In that view of the matter, the case of the appellants does not fall under the aforesaid provision and, therefore, the appellants are not entitled to the benefit of the said provision.
In view of aforesaid, I am of the opinion that the view taken by the Tribunal is just and proper. The Tribunal has assigned cogent and convincing reasons for arriving at the conclusion. Over and above the reasons assigned hereinabove, I adopt the reasons assigned by the Tribunal and do not find any illegality much less any perversity in the findings recorded. I am in complete agreement with the findings recorded by the Tribunal. No case is made out to interfere with the findings recorded by the Tribunal. Hence, present appeal deserves to be dismissed.
For the foregoing reasons, present appeal fails and is, accordingly, dismissed summarily.
Copies of the scene of panchnama and inquest panchanama tendered today by the learned advocate for the appellants are taken on record.
Jhaveri, J) Aakar Top
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Gagjibhai vs Union


High Court Of Gujarat

18 November, 2010