1 VS,J CMA_205 of 2019 APHC010180802019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 205/2019 Between: 1. G. CHINNA KULLAI REDDY ALIAS KULLAI REDDY, DIED ON 25.122015, DELEATED FROM ARRAY OF APPLICANTS VIDE IA 123/2016 DATED 29.03.2016, AMENDED PLAINT FILED) 2. G. LAKSHMAMMA, OCC. HOUSE WIFE, D. NO.1/2/326, RK NAGAR, ANANTHAPUR. 3. G. KALAVATHI @ G. CHINNA NALLAMMA, OCC. HOUSE WIFE, D.NO.1/2/326, RK NAGAR, ANANTHAPUR. ...APPELLANT(S) AND 1. UNION OF INDIA, Rep. by its General Manager, South Central Railway, Secunderabad. ...RESPONDENT Appeal Under Section_____against ordersThe order made in OAII (U) 2012/3, 26.03.2019 on the file of Railway Claims Tribunal,Amaravathi Bench at Guntur. Counsel for the Appellant(S): 2 VS,J CMA_205 of 2019 1. MUNNANGI LAKSHMA REDDY Counsel for the Respondent: 1. M UMA DEVI (CENTRAL GOVT COUNSEL) The Court made the following: 3 VS,J CMA_205 of 2019 JUDGMENT:- Aggrieved by the dismissal of the application filed by the appellants/applicants by the Railway Claims Tribunal, Amaravati bench in OA-IIu/2012/3 filed by the appellants/applicants vide judgment dated 26.03.2019, the present appeal is filed. 2. The appellants herein are the father, mother and wife of the deceased and the respondent is being represented by the General Manager, South Central Railway, Secunderabad. It is the case of the appellants that on 04.06.2011, the deceased, in order to bring his wife to Anantapur from Gooty, left the house situated in Anantapur at about 09.00 p.m., along with his relative by name K. Kullai Reddy. Thereafter, the appellants came to know that the deceased, after boarding the train bearing No.12786 with a valid second class general ticket at Anantapur railway station, fell down from the said train between Taticherla and Garladinne railway station and sustained injuries and that he was immediately shifted to Government hospital, Kurnool where, he succumbed to injuries while undergoing treatment on 13.06.2011. The incident was reported to Railway Police, Anantapur who registered a case in Crime No.23 of 2011. Thus, the appellants filed an application before the Tribunal seeking compensation for the death of the deceased due to the untoward incident that occurred on 05.06.2011. 3. The application was opposed by the respondent by filing a written statement denying the averments made in the application. It was contended that the deceased was not at all a passenger of the subject train as no journey ticket was recovered during physical search of the dead body of the deceased. The respondent further contended that 4 VS,J CMA_205 of 2019 though the incident allegedly took place on 05.06.2011, the same was reported to Government Railway Police, Anantapur on 13.06.2011, which is nothing but laches on the part of the claimants. Thus requested to dismiss the application. 4. Basing on the above pleadings, the Tribunal framed the following issues for trial: 1. Whether the applicants are the dependents of the deceased? 2. Whether the deceased was as bonafide passenger of the Train in question and died as a result of an untoward incident? 3. Whether the applicants are entitled to the compensation as claimed and to what relief. 5. During the course of trial, the appellants got examined A.Ws.1 and 2 and got marked Exs.A1 to A7. The respondent on the other side filed a written statement and relied on the report of the Divisional Railway Manager. 6. The Tribunal, after going through the material available before its, came to a conclusion that the deceased was neither a bonafide passenger as no ticket was recovered nor he has met with an untoward incident. Observing thus, the Tribunal dismissed the application filed by the appellants vide impugned judgment dated 26.03.2019. Aggrieved by the same, this appeal was preferred. 7. Heard Sri. M. Lakshma Reddy, learned counsel for the appellants and Smt. Uma Devi Manchala, learned Standing Counsel for the respondent. 5 VS,J CMA_205 of 2019 8. It is the case of the appellants that the deceased died due to accidental fall from the train bearing No.12786 on 05.06.2011. It is well known that Section 124A of the Railway Act, 1989 entitled a person to claim compensation for the injury sustained by him/her or for the death of his/her dependents who has been killed in an untoward incident which is defined under Section 123(c) of the Railway Act. The term ‘passenger’ is defined in the said Act as a person travelling with a valid pass or ticket. Undisputedly, it is only when the fact that the injured or the deceased being a bonafide passenger of a train is established, the question of payment of compensation arises in case the incident is held to be an untoward incident. 9. The Supreme Court of India in Union of India vs. Rina Devi1, held that mere absence of ticket with an injured or deceased will not negative the claim that he was a bona fide passenger and that the initial burden would be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the Railways and the issue can be decided on the facts shown or the attending circumstances. 10. In the case on hand, it is clear from the record that the 3rd appellant – wife of the deceased had left to Gooty to see her sister prior to the date of incident and in order to bring her to Anantapur, the deceased left his house in Anantapur at about 09.00 p.m., on 04.06.2011 along with one K. Kullai Reddy. The said K. Kullai Reddy, who was examined as A.W.2 categorically deposed that on 04.06.2011, he went to the house of the deceased and was informed by the deceased that he was going to Gooty to bring his wife and that he accompanied the 1 AIR 2018 SC 2362 6 VS,J CMA_205 of 2019 deceased to Railway station where the deceased purchased a ticket for the train bearing No.12786 and boarded the train in his presence. He further stated that on 05.06.2011, he came to know that the deceased fell down from the train accidentally and sustained grievous injuries. It is stated in the divisional railway manger’s report that the deceased though might have fell down from the train in question, he is not having a railway journey ticket or authority for travelling in a train. 11. Admittedly, AW2 has filed a sworn affidavit clearly stating that he accompanied the deceased to the railway station and personally witnessed the deceased purchasing a valid railway ticket and boarding the train. This testimony establishes that the deceased was a bona fide passenger. In such a case, the burden shifts to the respondent to prove that the deceased was not a bona fide passenger. However, in the present case, the respondent has failed to adduce any cogent or convincing evidence to rebut the testimony of A.W.2 or to establish that the deceased was travelling without a valid ticket. Therefore, the mere non-recovery of the ticket from the body of the deceased cannot be a ground to deny compensation to the claimants. 12. In view of the same, the impugned order passed by the Tribunal is hereby set-aside and the appeal stands allowed by allowing the claim of compensation. The appellants are entitled for compensation to the tune of Rs.4,00,000/- along with interest at the rate of 7% from the date of filing of the claim application till its realization, in equal shares. It is made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then the appellants shall be entitled to Rs.8,00,000/- and if the amount of original compensation with rate of interest were to exceed the sum of Rs.8,00,000/-, the compensation would be in terms of figure in 7 VS,J CMA_205 of 2019 excess of Rs.8,00,000/-. The amount thus computed is directed to be paid by the respondent Railways within a period of eight weeks from the date of receipt of a copy of this order. 13. In the result, this appeal is allowed. There shall be no order as to costs. Consequently, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE V. SUJATHA Date:05.02.2026. Gss