We have gone through the order of the District Forum as well as the order of the State Commission.  We find that there is no evidence either from the complainant or from the petitioner insurance company as to where the dead body of the deceased was found and whether he was struck by a train or not.  We find from a perusal of the record that one Head Constable No.1969 Mr. Kamble Shriram , who was on night duty at Chembur Railway Station on 20.11.2009 was informed by Station Master that an unknown person was dashed by an unknown suburban train while using railway track and K.M. No.17/6 Khurla Railway station.  However, neither the aforesaid Head Constable nor the Station Master was examined as a witness.  We also find that Head Constable Kamble had submitted a report dated 21.11.2009 to the Police Inspector, at Vadala Police Station stating therein about the information received from Station Master and also stating that he had met PN No. 2457 Railway Station two male home guard, stretcher coolie and porter, had gone to the place of incident and take the injured/dead person in the ambulance to sion Hospital.  It is thus quite clear that the aforesaid Head Constable had actually seen the place where the deceased was found lying and he had rushed him to the hospital with the help of the home guards and stretcher coolie and porter.

In these circumstances, we are of the considered view that the matter needs to be remanded back to the District Forum, with a direction to summon the concerned Station Master, as well as the Head Constable, Kamble,   No. 1969 of Vadala Railway Police Station and examine them on the aforesaid aspects.

The impugned orders passed by the District Forum and State Commission are hereby set aside and the matter is remanded back to the District Forum with the aforesaid direction.  The complaint shall be decided afresh by the District Forum within three months of the parties appearing before it in terms of this direction.  We also direct the petitioner company to pay a sum of Rs.20,000/- to the complainant as the cost of the litigation, so as to enable him to pursue the complaint before the District.

          The parties shall appear before the District Forum on 19.11.2014.  Dasti as well.