Bombay HC tells CR to pay Rs 8 lakh to dad of man who fell from train and died | Mumbai News - Times of India

Bombay HC tells CR to pay Rs 8 lakh to dad of man who fell from train and died | Mumbai News – Times of India

Mumbai

MUMBAI: Bombay high court has directed Central Railway to pay Rs 8 lakh compensation to the fath er of a man who died after falling from a Mumbai local.
It quashed and aside the Railway Claims Tribunal’s verdict that held that the death was due crossing the tracks.
Justice Prithviraj Chavan allowed the appeal against its Mumbai bench’s January 31, 2018, order by Trombay resident Sadashiv Kotiyan. His son Jagdish (27), a labourer, was traveling from Mankhurd to Sewri. Before the train reached Govandi station, he accidentally fell off and was cut into two at the waist.
But the tribunal held that his presence on CR premises was unauthorised and consequently he was knocked down. Also, the said act is an offence of trespass and not an “untoward incident” under the Railways Act, 1989.
Justice Chavan noted that while the tribunal held that he was a bona fide passenger as his ticket was recovered, it also held that it was not an “untoward incident’’ by relying on the motorman’s evidence, inquest panchnama and papers prepared by railway personnel. It observed that the genuineness and veracity of those papers cannot be doubted.
Justice Chavan said the tribunal’s observations were not only improper and incorrect but also perverse and were required to be set aside. “Rather, the so-called opinion of the police and panchas of inquest panchnama does not indicate that they had, in fact, seen the deceased crossing the tracks and hit by the local train, resulting in cutting his body into two. This is something ridiculous,’’said Justice Chavan in his March 15 judgment.
He agreed with Kotiyan’s advocate Vasant More that there was no expert evidence as to under what circumstances a person’s body would get cut into two and when it would not. The judge said the tribunal “should not have rendered its personal opinion” while adjudicating the claim.
“…once having held that he was a bona fide passenger, there was no need for the tribunal to construe that while crossing the railway tracks he met with an accident, which was, per se, a criminal act.. The respondent (CR) failed to discharge its onus in that regard,’’ Justice Chavan concluded.
He imposed Rs3,000 costs. If Rs 8 lakh is not paid within six weeks, it will carry future interest of 9% pa.
The deceased, Jagdish (27), a labourer, was travelling from Mankhurd to Sewri. Before the train reached Govandi station, he accidentally fell off and was cut into two at the waist. But the tribunal held that his presence on CR premises was unauthorised and consequently he was knocked down

.



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *