The main legal point established is the requirement to prove bonafide passenger status and the onus of proof on the applicant, as well as the interpretation of the definition of a passenger under the Act.

JUDGEMENT :

1. Heard. Heard finally by consent of the learned Counsel for both the parties.

2. Present appeal is filed by dependants of deceased Sandesh Kale challenging the order passed by the Railway Claims Tribunal, Member (Judicial) Nagpur in Claim Application No. OA/(IIu)/NGP/2013/0171 dated 17/01/2017. By this judgment, the claim of the petitioner was dismissed.

3. The brief facts arising to file claim petition is as under :

That the deceased namely Sandesh Kale was travelling from Majari to Warora on 20/09/2012 by train by purchasing valid railway ticket. The deceased was standing near the door of the coach, when the train reach at Warora Railway Station on platform No.3 due to heavy rush, he fallen down from running train and sustained injuries and died during course of treatment in hospital at Chandrapur.

4. The claim was resisted by the respondent- Railway by filing the written statement and stated that it is not an untoward incident and the deceased was not bonafide passenger of the train.

5. It was observed by the learned Member of the Tribunal that the deceased has residence behind the Railway station and therefore before arrival of the train at its schedule halt, he tried to alight from running train and died. On the basis of the incident, the Tribunal dismissed the claim application of the appellants. Being aggrieved by the same the appellant filed the present appeal.

6. According to the learned Counsel for appellant, the deceased was a bonafide passenger and only after purchasing valid ticket for Majri to Warora he had travelled in the train and died in an untoward incident. The learned Counsel further submitted that the Tribunal failed to note that there is every possibility of losing the ticket in the accident. In support of his submission, relied upon the following decision-

1) Savila Khatun Vs. Union of India reported in I (2019) ACC 186 (Jhar.)

2) S. Vijayalakshmi and ors Vs. Union of India reported in I (2019) ACC 177 (Mad.)

7. On the contrary, learned Counsel for Union of India, Ms Neeraja Choubey vehemently opposed the contention, she has drawn my attention to the spot punchnama and inquest punchnama and submitted that it can be seen that nothing has been recovered from the person of the deceased and from the spot of incident. Which clearly proves that the deceased was not a bonafide passenger. Mere found injured near the track or the body of a person was recovered from the track is not enough evidence to get the compensation from the respondent/Railway.

8. I have considered the rival contention of the parties and also gone through the judgment and documents placed on record, the inquest punchnama as well as spot panchanama prepared by the Railway Police clearly goes to show that the deceased sustained injuries in railway accident and succumbed to injuries.

9. The Railway Claims Tribunal held that to entitle claim of compensation, the passengers or its dependents are eligible. The case has to be covered as untoward incident as defined under Section 123-C of the Act. The word passenger has been defined under Section 2 Sub Clause 29 of the Act as a person traveling with a valid pass or ticket. It is held that the first requirement for the applicant is to prove that the deceased was a bonafide passenger of the train. The initial burden lies on the applicant to show that the deceased was a bonafide passenger.

10. The learned Tribunal concluded that deceased was not bonafide passenger as no ticket was recovered from the body of the deceased. Also relied on evidence of retired ASI RPF RW-2 Suresh Shahu who deposed that he was on duty at Warora Railway Station as Assistant Sub Inspector. He received message on walkie talkie from Shri Deshpande, Deputy SS that one person is lying towards Majri end on platform no.3. After receipt of information he immediately rushed to the spot along with head constable and notice that one person is injured up main line near platform set. He was shifted to Government Hospital Warora. This wi