C.M.Application Nos.131010 and 131011 of 2019 The instant applications have been moved alongwith an application seeking condonation of delay as the aforesaid appeal was dismissed for want of prosecution on 19.11.2016.
By means of order dated 13.11.2019, notices were issued to the respondents and as per the service report dated 20.02.2020, notices were served to the respondents. However, none has put in appearance on behalf of the respondents. It is in this view of the matter that the Court has considered the aforesaid applications and the ground shown in the affidavit accompanying the said application is found sufficient and the delay is condoned and the appeal is re-admitted to its original number.
The Court has heard the learned counsel for the appellant on the merits of the appeal as well.
The submission of the learned counsel for the appellant is that the Tribunal has erred in appreciating the evidence which was led before the Tribunal; inasmuch as it has noticed that the accident was unnatural and yet compensation has been granted in terms of Section 124-A of the Railways Act, 1989. It is submitted that the grant of compensation is erroneous and there was no material on record to establish the accidental fall.
The Court has considered the submissions of the learned counsel for the appellant and noticing that the instant appeal has been preferred under Section 23 of the Railways Claims Tribunal Act, 1987 against the award dated 30.08.1999 passed by the Railways Claims Tribunal wherein a sum of Rs.2,00,000/= has been awarded in favour of the claimants-respondents.
From the perusal of the record, it would indicate that the Tribunal has clearly noticed that the evidence which was led that the deceased was travelling with a M.S.T. (monthly season ticket) and was regular traveller from New Delhi to Meerut City. On 25.09.1997, while he was travelling on Shuttle No.1MM New Delhi to Meerut City and at the time of getting down at the Meerut City Station, he accidentally fell down and on account of the aforesaid accident, he succumbed to injuries. It is in respect of the aforesaid accident, the Claim Petition bearing No.OA9800174 came to be filed. The Railways has contested the claim petition on the ground that the deceased was not a bona fide passenger and the accident also was not an untoward incident as defined in Section 123 of Railways Act, 1989. Upon pleadings of the parties, the Tribunal has framed three issues. It has noticed the evidence on record and considering the documentary evidence including M.S.T. details also that no cogent evidence was led by respondents to establish that the deceased was not a bona fide passenger or that his fall was not an untoward incident and thus the Tribunal has found the case of the claimants to be credible and in view of the aforesaid, the claim petition has been allowed.
The Court has perused the material on record and from the reasoning given while dealing with the issue no.1, this Court does not find that there is any error committed by the Tribunal especially in light of the decision of the Division Bench of this Court in the case of Smt. Akhtari Vs. Union of India reported in 2009 (27) LCD, page 240 and Union of India Vs. Prabhakran Vijay Kumar reported in 2008 (9) SCC, page 527.
In this view of the matter, the appeal is concluded by findings of fact which is based on proper appreciation of evidence. No error can be found in the aforesaid order passed by the Tribunal. Accordingly, the appeal is dismissed. The award passed by the Tribunal is confirmed. In the facts and circumstances, there shall be no order as to costs.
Order Date :- 26.8.2021 ank