The judgment emphasizes the importance of concrete evidence and consistency in witness testimony to substantiate claims under the Railways Act.

I have heard the learned Counsel appearing for the parties. The appellants were the original claimants in a claim petition filed under section 124-A of the Railways Act, 1989 who have challenged the Judgment and Order dated 12th April, 2004 passed by the learned Members of the Railway Claims Tribunal, Bombay Bench at Bombay. The learned Advocate for the appellants has placed on record a compilation containing true copies of pleadings, notes of evidence and all the documents produced before the Tribunal.

2. According to the case made out by the appellants in their claim petition, the appellants are the parents of one Milind Bapu Shinde. According to the appellants, the said Milind was travelling by a local train from Bhandup Station to Churchgate station via Dadar. According to the appellants, the said Milind fell down from a running train near Ghatkopar railway station at about 8:30 a.m. on 14th September, 1999. He sustained injuries as a result of the accidental fall from the train and he succumbed to the injuries on 15th September, 1999. According to the case of the appellants, the deceased was a bonafide passenger and was victim of an untoward incident within the meaning of section 123(c)(2) of the said Act of 1989.

3. The claim petition was opposed by the respondent by filing written statement. The written statement is of general denial.

4. By the impugned Judgment and Order, the learned Members of the Tribunal held that the deceased was not a bona-fide passenger within the meaning of explanation to Section 124-A of the said Act of 1989. Moreover, the learned Members of the Tribunal held that the appellants have failed to establish that the death of the deceased was caused due to an untoward incident.

5. The learned Counsel appearing for the appellants submitted that there was sufficient evidence on record to show that the deceased was travelling by a local train and he accidentally fell down from the running train between Ghatkopar and Vidyavihar stations. He submitted that the Tribunal could not have discarded the evidence of a witness Rajesh Kishor Sawant. He pointed out that his evidence clearly establishes that the deceased accidentally fell down from the train. He submitted that in fact the said witness was a co-passenger of the deceased.

6. Further submission of the learned Counsel for the appellants is that the evidence of the said witness also proves the fact that the deceased was a bona-fide passenger as he deposed that the railway pass held by the deceased and identity card issued by the railways was with the police. He submitted that the respondent have not lead any evidence by examining the Panch witnesses and have not discharged the burden of rebutting the presumption that the deceased was a bona-fide passenger. The learned Counsel appearing for the respondent supported the impugned Judgment and Order.

7. I have carefully considered the submissions. I have perused the true copies of the inquest panchanama. The inquest panchanama does not disclose that any railway pass or identity card was found on the person of the deceased. A copy of report submitted by the officer-in-charge of Kurla railway police station to the medical officer of the Sion Hospital is placed on record. In the said report it is merely stated that the deceased sustained injuries at Ghatkopar railway station.

8. It will be necessary to refer to the affidavit in lieu of evidence filed by the 1st appellant. The

1st appellant has no personal knowledge about the cause of death of the deceased. He stated that his son left the house at 7:45 a.m. on 14th September, 1999 for reporting to his work at Churchgate. He stated that he was holding a valid pass from Bhandup to Mumbai C.S.T. which was issued on the very day i.e. on 14th September, 1999. He specifically deposed that he received all the belongings of the deceased including the railway pass and identity card at Kurla railway police station. He stated that the season ticket was kept in the purse.