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Bombay HC Rules Railway Victim Was Bona Fide Passenger, Awards ₹4 Lakh Compensation To Family

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Mumbai: In a significant ruling reinforcing the rights of train accident victims, the Bombay High Court has held that a commuter who died in a railway mishap in 2012 was a bona fide passenger, even though no ticket was found on him.

The court directed the Union of India to pay his family Rs 4 lakh compensation with 6% annual interest, subject to a total cap of Rs 8 lakh, to be divided equally among the four legal heirs.

Justice Jitendra Jain, on October 7, allowed the appeal filed by Vijay Gondake’s wife and children, while setting aside the Railway Claims Tribunal’s order. On January 31, 2018, the tribunal rejected their claim holding that the deceased was not a genuine passenger, citing the absence of a ticket and the claim that he was trespassing on the tracks when hit by a train.

The deceased, a government employee working in the Post Office, was travelling home from Grant Road to Shahad via Dadar on October 29, 2012, when he fell between Kanjurmarg and Bhandup stations. He succumbed to his injuries a few days later, on November 4, 2012. His family sought Rs 4 lakh in compensation, but the tribunal dismissed their plea, terming the death an act of “negligence”.

Disagreeing with the tribunal, Justice Jain said, “It is incomprehensible that a government employee would be travelling to his workplace and back home without any ticket.”

He added that the deceased’s wife had clearly deposed that he held a monthly pass, and the minor inconsistency in using the words “ticket” and “pass” could not discredit her testimony.

“The phrases ’monthly pass’ and ‘ticket’ are used interchangeably in Mumbai and when in the cross-examination it is stated that he was having a second class ticket, it cannot be inferred that he was travelling without ticket,” the court said.

The judge also questioned the Station Master’s report, which claimed the man was hit by a train while trespassing. “If there are no eye witnesses, then how could the Station Master have certified that he was hit by an unknown train while trespassing?” the court asked, noting the absence of any statement from the motorman or medical expert.

Calling the tribunal’s findings “perverse,” the HC concluded that the deceased had indeed fallen from a moving train, an “untoward incident” under the Railway Act.

The court directed the Railways to deposit the compensation within eight weeks of receiving the appellants’ bank details.

National News

Bihar: Minor girl raped in Sheikhpura; accused arrested

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A minor girl was allegedly raped after being offered a lift in Bihar Sheikhpura district, following which the accused abandoned her in an unconscious condition on the roadside and fled.

Police arrested the accused in neighbouring Lakhisarai district within 12 hours of the incident.

Addressing a press conference at the SDPO’s office on Saturday, SDPO Dr Rakesh Kumar said the incident took place on Friday evening when the student was waiting near the RD College turn after attending coaching classes.

According to the police, the accused, Amrit Kumar alias Amit Kumar, a resident of Jakhraj Sthan, arrived in his Scorpio SUV and offered to drop her home.

The girl reportedly insisted that he first speak to her family members before she got into the vehicle.

The accused tried calling them from his mobile phone, but they did not answer.

After he assured her that he would drop her home safely, the girl agreed to get into the vehicle.

However, instead of taking her home, the accused allegedly drove towards Madari Road, beyond the deserted Bhadaus turn, where he raped her inside the car.

He subsequently abandoned the girl near Jharkhand Mandir turn, close to Pachna village, while she was unconscious, and fled.

After managing to reach home, the girl and her family approached the police. A case was registered at the women’s police station the same night.

Following directions from Superintendent of Police Himanshu, a Special Investigation Team (SIT) was formed under the leadership of the SDPO.

The team included the Cyber DSP, Sadar SHO, SHO of the women’s police station and personnel from the technical cell.

Police traced the accused through the mobile number he had used to contact the girl’s family.

The number appeared on the family’s phone, providing investigators with a crucial lead.

Tracking its location, the team raided the residence of Munna Singh at Jamui Mor in Lakhisarai district and arrested Amrit Kumar late Friday night.

The accused was brought to Sheikhpura. Police also seized the Scorpio SUV allegedly used in the crime and two mobile phones.

Dr Kumar said the victim underwent a medical examination, while a Forensic Science Laboratory (FSL) team collected scientific evidence from the vehicle and the alleged crime scene.

“The case will undergo a speedy trial. The police administration will submit a chargesheet against the accused in court within 15 days,” the SDPO said.

Police said further investigation was underway.

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National News

PM Modi leads ‘National Unity Pledge’ at Ekta Nagar; BSF woman officer commands national flag guard

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Prime Minister Narendra Modi on Saturday led the National Unity Pledge at the Rashtriya Ekta Diwas celebrations at Ekta Nagar in Gujarat Narmada district, where participants vowed to uphold the country’s unity, integrity and security and contribute to safeguarding its internal security.

The pledge was administered during the ceremony at the Parade Ground, marking the 151st birth anniversary of Sardar Vallabhbhai Patel.

The audience was asked to stand, extend their right hands and repeat the oath after the Prime Minister.

“I solemnly pledge that I will dedicate myself to preserving the unity, integrity and security of the nation and also strive to spread this message among my fellow countrymen,” the pledge said.

It also acknowledged Sardar Patel’s vision and contribution to national integration, with participants resolving to contribute towards safeguarding the country’s internal security.

The ceremony concluded with the slogan “Bharat Mata Ki Jai”.

The proceedings began with the arrival of the national flag, for which the audience was asked to stand while uniformed personnel saluted.

The national flag guard was commanded by Assistant Commandant Mrudula Lingaraju described by the officials as the Border Security Force’s first woman parachute-trained officer.

The guard has led the national flag contingent at the National Unity Day parade for the fifth consecutive year.

Officials said the observance of Sardar Patel’s birth anniversary as Rashtriya Ekta Diwas was conceived to strengthen the spirit of national unity and reaffirm the commitment to building a strong and self-reliant India.

The programme also featured a presentation of the flags of Indian police forces, symbolising their commitment to internal security and their service to the country.

The presentation was directed by Lokesh Anand and Yogesh Solanki.

The annual celebrations at Ekta Nagar, near the Statue of Unity, commemorate Sardar Patel’s contribution to the integration of princely states after Independence.

The day is observed on October 31 to reinforce the message of national unity and integrity.

Saturday’s programme also included a march-past by police and security forces from different parts of the country, with a special focus on personnel involved in operations against Left-Wing Extremism and the Union government’s campaign for a ‘Naxal-free’ India.

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Crime

Couple, 5-month-old son killed as pickup truck hits motorcycle in MP Shajapur

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Three members of a family, including a five-month-old child, were killed when a speeding pickup truck collided with their motorcycle in Madhya Pradesh’s Shajapur district, police said on Saturday.

The deceased have been identified as Ajit Panwar, his wife Pooja Panwar and their five-month-old son Shivanshu. They were residents of Indra Colony in Ashta town of neighbouring Sehore district.

The accident occurred in the Salsalai police station area when the family was travelling from Bolai village towards Ayyapur for temple darshan.

According to preliminary investigation, a stray dog suddenly came in front of their motorcycle. Ajit, who was riding the two-wheeler, tried to avoid hitting the animal but lost control of the motorcycle, which swerved into the path of a pickup truck approaching from the opposite direction. The pickup truck hit the motorcycle with considerable force, leaving all three family members critically injured. The motorcycle was badly damaged in the collision. The injured were rushed to a nearby hospital, where doctors declared all three dead.

The family had left home on Saturday to visit a temple and offer prayers to mark the completion of five months of their son Shivanshu. However, they met with the fatal accident before reaching their destination.

“The family was going for temple darshan with their child when a stray dog suddenly came in front of their motorcycle. The rider tried to save the animal but lost control and collided with a pickup coming from the opposite direction,” a police official said.

The pickup driver fled the scene after the accident. Police seized both vehicles and registered a case against the unidentified driver for rash and negligent driving.

“Efforts are underway to trace the absconding driver with the help of CCTV footage and eyewitness accounts. The bodies have been sent for post-mortem examination, and further investigation is underway,” the official added.

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