GIRIDHAR NATTHU DESBHRATAR Vs. UNION OF INDIA
LAWS(BOM)-2020-2-111
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on February 11,2020

Giridhar Natthu Desbhratar Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

M. G. Giratkar, J. - (1.) This appeal is against the judgment of Railway Claims Tribunal, Nagpur (for short the "Tribunal") in case no. OA(IIu)/
(2.) The facts of the present appeal can be summarized as under: On 02.10.2014, deceased, namely, Nanda Giridhar Deshbhratar was travelling alongwith her friend namely, Indubai Manohar Gajbhiye. They had purchased Second Class ordinary railway ticket from Sausar to Khaperkheda. They were coming in a Train. Due to over-crowd in the train, deceased was standing in the door of the train. When train was moving from Railway Bridge No. 78 near Lodhikheda, District Chindwada, due to sudden jerk of train, deceased fell down from the running train and died.Legal heirs of the deceased filed claim petition before the Tribunal. Respondent-Railway contested the claim by filing written statement. Issues were framed. The Tribunal recorded its finding that the deceased was bonafide passenger. However, it is held by the Tribunal that the deceased jumped from the train and committed suicide. Therefore, defence of Railway as under Section 124A(a) of the Railways Act, 1989 (for short the "Act") is proved. On that ground, the claim of the appellants came to be rejected.
(3.) Heard Shri Wasnik, learned Advocate for the appellants. He has pointed out evidence on record and submitted that the Railway has examined one Guard. Learned Advocate has pointed out cross- examination of witness Rajkumar Rajak (Guard) and submitted that witness Rajkumar (Guard) could not stated the name of passenger who informed him that deceased jumped in the river. Learned Advocate has submitted that there was no any reason for lady to commit suicide. Finding recorded by the Tribunal that deceased was under mental shock due to death of her brother, therefore, she committed suicide. This finding is without any evidence on record. Learned Advocate has pointed out following judgments: 1. Union of India Vs. Prabhakaran Vijaya Kumar & Others, 2008 5 AllMR 917,2. Jameela & Ors. Vs. Union of India, 2010 AIR(SC) 3705,3. Union of India Vs. Rina Devi, 2018 AIR(SC) 2362,4. Union of India through the General Manager, South Central Railway, Secundrabad Vs. Godawaribai Kothiwale and ors., 2013 5 AIRBomR 815 and5. Union of India Vs. Surekha Suresh Limaye & Ors., 2010 6 MhLJ 833;


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