The deceased was a bonafide passenger and his death was caused in an untoward incident, entitling the claimants to compensation.

JUDGMENT

Urmila Joshi-Phalke, J. - The present appeal has been filed by the original claimants challenging the judgment and award passed by the Railway Claims Tribunal in Claim Application No. OA(IIu)/NGP/ 2015/0282 dated 03/05/2018 at Nagpur.

2. The facts giving rise to the present appeal can be summarized as under:

On 09/05/2015, the deceased was purchased a valid ticket No. Y-27654952 and was traveling from Warud to Benoda by Train No. 51184 Narkhed-Bhusawal Passenger. The deceased was standing near the door inside the train. Due to heavy rush and sudden jerk to the said train, he fell down from the running train and died on the spot. The incident had taken place on UpLoop Line of Railway Station Warud. As the death of the deceased was caused in an untoward incident, the applicants, who are the wife and sons of the deceased claimed compensation.

3. The respondent/railway has contested the claim application by filing the written statement. As per the contention of the railway, no such incident causing death of the deceased within the meaning of the provision of Section 123(c) read with Section 124-A of the Railway Act has taken place and as such, the claim application is not maintainable. It is further contended that the deceased was not a bonafide passenger of any train and therefore the claimants are not entitled for any compensation.

4. After considering the rival submissions of the parties, the Railway Claims Tribunal framed necessary issues. On behalf of claimants/applicant No.2 - Sachin s/o Nagorao Gadling stepped into the witness box and filed affidavit of examination-in-chief. Besides his oral evidence, he placed reliance on the police papers including Spot panchanama etc. The respondent/Railway has also examined the Deputy Station Master - Shri Praresh Ranjan Samal and relied upon the DRM report.

5. After hearing both the sides, the Railway Claims Tribunal rejected the claim of the claimants by observing that the dead body of the deceased cut from chest as found by Police. The claimants cannot make out the case of compensation because when a person falling from the compartment of the running train will have to go inside the railway track, so as to be subjected for cutting of his body into two parts from the chest and therefore, the case put up by the claimants is unacceptable. The tribunal had not accepted that deceased Nagorao had met with an accident which can be held an untoward incident and therefore is not liable to pay compensation.

6. Being aggrieved and dissatisfied with the judgment and award passed by the Railway Claims Tribunal, the present appeal is preferred by the original claimants, on the ground that the observations of the tribunal that as the body of the deceased was cut into two pieces, the claimants are not entitled to claim compensation as the claimants failed to prove that the death of the deceased occurred in an untoward incident. It is the contention of the claimants that the deceased was having valid ticket. The DRM report also shows that the death of the deceased is caused as he was cut down as he came underneath the train i.e. Warud to Benoda. The observation of the Railway Claims Tribunal is erroneous and liable to be set aside.

7. Heard learned Advocate Shri Roshan S. Suryawanshi for the claimants. He reiterated the contention and submitted that there is no dispute that the deceased died in an accident on 09/05/2015. He was traveling from Warud to Benoda by obtaining a valid ticket. The DRM report also shows that the deceased was having valid ticket. Due to the rush in the train, deceased was thrown out and came underneath train and train run over on the body of the deceased. Thus, the death of the deceased has taken place in an untoward incident, the claimants are entitled for compensation.

8. In support of his contention, he placed reliance on Union of India V/s Godawaribai and another 2013 SCC OnLine Bom 950. Wherein it is held that, it is obligatory for the railway administration to lead evid