The interpretation of the Railways Act, specifically regarding the definition of a bonafide passenger and the criteria for an untoward incident, was the central legal point established in the judgment.

JUDGMENT :

1. This is an appeal filed under Section 23 of the Railway Tribunal Act, 1987, by the father, mother and brother of the deceased Ganesh Vasanta Kajale, being aggrieved by the judgment passed by the Railway Claims Tribunal, Nagpur dated 22nd November 2016 dismissing the claim of the applicants.

2. Earlier, the appellants had filed claim application before the Railway Claims Tribunal on the death of Ganesh, purportedly, in an untoward incident that occurred on 8th February 2014. It is the claim of the appellants that the deceased Ganesh, having deep faith in Sant Gajanan Maharaj of Shegaon, left his home at Vakodi on 8th February 2014 to go to Shegaon for darshan of Gajanan Maharaj. That, during his return journey, he accidentally fell down in between Shegaon and Jalamb station, District Buldhana, near kilometer 545/33 and died on the spot, in an untoward incident.

3. It is submitted that the deceased Ganesh did not inform anybody that he was going to Shegaon. So his family members were waiting for his return but he did not return even on the next day. Thereafter, his family members and his father and his relatives tried to search him but did not find him anywhere. However, in the evening of 9th February 2014, one person in the village came to the house of the deceased and informed that on 8th February 2014, he had seen Ganesh sitting in the auto beside the railway station at Shegaon. It is submitted that, after this, on 10th February 2014, the father and a cousin of the deceased Ganesh left for Shegaon on motorcycle in search of Ganesh. They enquired at Nandura bus stand, Khamgaon railway station and many other places and finally reached Shegaon. After reaching Shegaon, the father and cousin enquired at the temple, Anand Sagar and many hotels showing the photograph of the deceased Ganesh but they did not get any clue. It is submitted that, at that time, the cousin of the deceased, Santosh Kajale, informed that one person from Shegaon had informed him that, he had found documents besides the railway line in between Shegaon to Jalamb, in a pouch which belongs to the deceased. That, there was PAN card bearing the name of Ganesh, his Driving license, his ATM card of Bank of India as well as IDBI bank, his Election card, his Identity card of NCC Matoshree Cotton Pvt. Ltd., Nandura Road, NH6 Malkapur and one sim card of Reliance company was found on him, although no journey ticket was recovered. It is submitted that, thereafter, the father and cousin visited the spot where the documents were found, and thereafter they went to the railway police station and City police, Shegaon for enquiry, after which, they received the information that on 8th February 2014, there was an accidental death which occurred at Shegaon railway station. Thereafter, the police sent them to Yashwant photo studio, Shegaon to see the photos of the deceased. Both of them went to the said photo studio and identified the photographs of the deceased Ganesh. Upon return, one Subhash Kharate informed that on 8th February 2014, he had met Ganesh at the temple of Gajanan Maharaj and he accompanied him upto the railway station Shegaon and purchased a railway ticket of Rs.45/- for him and boarded him in the Amravati – Mumbai Express in a general bogie and then left for his sister’s home, as the electrical fitting work there was not complete. It is submitted that, thereafter, Prakash Kharate also gave his statement on 14th February 2014 at Shegaon Police Station. On this basis, the appellants submitted their claim petition before the Railway Claims Tribunal at Nagpur.

4. Mr. Bagul, learned counsel for the appellants, submits that the appellants are entitled for compensation on account of the death of Ganesh, who accidentally fell down in between Shegaon and Jalamb station near kilometer 545/33 and died in an untoward incident. He submits that, as all the police papers clearly indicate that it is a railway accident and his postmortem report also clearly mentions the