JUDGMENT :

1. This is an appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the dependents of one Shri Pruthviraj Gajbhiye, being aggrieved by the judgment and order dated 21st December, 2020 passed by the Railway Claims Tribunal, Nagpur rejecting their claim application No. OA(IIu)/NGP/22/2019 for compensation on account of death of Shri Pruthviraj Gajbhiye in a purported untoward incident.

2. It is the case of the appellants that the appellant no. 2 i.e., the son of the deceased Shri Pruthviraj Gajbhiye, who was in private service, had on 28th February, 2018 informed his father that he was coming to Nagpur on 1st March, 2018 for Holi festival and told his father to come to receive him at Ajani Railway Station. This has been recorded in an affidavit dated 27th January, 2020 of Smt. Motilila widow of deceased Pruthviraj Gajbhiye, who states that the aforesaid fact was communicated to her by her deceased husband. It is stated in the said affidavit that the deceased went to Ajani Railway Station on 1st March, 2018 to receive their son Sawan and met with an accident caused by train no. 12723, Telangana Express and died on the spot. That when her son arrived at Ajani on 1st March, 2018, he had no knowledge of the accident of his father and because he had not found his father on station, he came home. As deceased Prithviraj Gajbhiye had not returned home, the wife and the son tried to search for him, after which they came to know that an accident had taken place at Ajani Railway Station and an unidentified body was kept in the mortuary, which was identified by her son Pawan. It is only then she came to know that her husband had died in a railway accident. That thereafter, the body was sent for post-mortem and then handed over to them for cremation.

3. A platform ticket has been produced, which is of 1st March, 2018, 15.37 hours no. UFA 18302453, translation whereof is at page A-49 in the record and proceedings and it is stated to be a platform ticket recovered from an unknown dead person. It is on this basis, the appellants preferred a claim application for compensation under Section 124A of the Railways Act, 1989 (the “Railways Act”).

4. The railway authority objected to the claim for compensation relying upon the affidavit of Loco Pilot of train no.12723, Telangana Express, submitting that Shri Prithviraj Gajbhiye, who came from platform no.1 from Wardha side where there is a railway over bridge and suddenly came in front of the engine and slept on the track; and despite continuous blowing of the horn by the Loco Pilot the said person did not get up and since the speed of the train was almost 90 km/per hour, Loco Pilot did not get the time to apply brakes and he was run over by the said train. It is stated in the affidavit of Shri Y. K. Somesh, the Loco Pilot of the said train, that he informed of the same to the guard and Deputy Station Superintendent, Ajani through walkie talkie. He has stated in the affidavit dated 27th January, 2020 that there was no incident of accidental fall down of any passenger noticed or reported to him by any person. He also states that there was no alarm chain pulling, rush or jerk in his train. He states that the RPF, Ajani, Nagpur had recorded his statement on 20th March, 2019. On this basis it is submitted on behalf of the railway administration that the claim be rejected.

5. The Railway Claims Tribunal has after considering the rival claim on the basis (i) of the memo dated 1st March, 2018 issued by Deputy Station Master, Central Railway, Nagpur at 17.00 hours to GRP incharge (page A45), which records that an unknown person had been run over by the train no. 12723 at 833.30 down line, Ajani, platform BB end, (ii) of the affidavit of Mr. Y.K. Somesh, RW-1, the Loco Pilot who is an eye witness of the incident, that Shri Prithviraj Gajbhiye had come in front of the engine and slept on the track and despite the continuous blowing of horn did not get up and move away from the track, t