The court established that the deceased was a bona fide passenger with a valid journey ticket and that his death was in an untoward incident, entitling the claimants to compensation.

JUDGMENT :

G.A. SANAP, J.

1. In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short “the Act of 1987”), challenge is to the judgment and order dated 29th August, 2018, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellants/claimants came to be dismissed.

2. BACKGROUND FACTS:

Appellant No. 1 is the father of the deceased Dindayal Doye, and appellant No. 2 is the mother of the deceased. The appellants claim that on 23rd April, 2015, the deceased, after purchasing a valid journey ticket, boarded an unknown train at Gondia to come to Nagpur. According to them, due to a sudden jerk, the deceased fell from a moving train at Gram Pahuni Shiwar Railway Line, Pole No. 1076/2-4. He sustained injuries. He died on the spot. The dead body was not noticed for about four days. On these averments, they claimed compensation.

3. The respondent-Railway filed the written statement and opposed the claim. According to the Railway, the deceased was not a bona fide passenger travelling with a valid journey ticket. The ticket was not recovered from the dead body when it was found on 28th April, 2015. There was no eyewitness to the incident. The death was not in an untoward incident.

4. The parties adduced the evidence before the Tribunal. Learned Members of the Tribunal, on appreciation of the evidence, found that there was no substance in the claim application and ultimately dismissed the same. The appellants, the parents of the deceased, are before this Court in appeal.

5. I have heard Ms. R.S. Mankar, learned advocate holding for Mr. P.S. Mirache for the appellants and Ms. Neerja Chaubey, learned advocate for the respondent-Railway. Perused the record and proceedings.

6. The following points fall for my determination:

(a) Whether the deceased was a bona fide passenger travelling with a valid journey ticket at the time of the incident?

(b) Whether the deceased died in an untoward incident as understood by Section 123(c)(2) of the Railways Act, 1989 (for short “the Act of 1989”)?

7. Learned advocate for the appellants submitted that the dead body was noticed by the Railway Inspector on 28th April, 2015 in a decomposed condition. Learned advocate submitted that at the time of drawing the inquest panchanama of the dead body, a wallet was found in the trouser pocket of the deceased. In the said wallet, the journey ticket was found. Learned advocate pointed out that this ticket was duly verified by the Railway Authority and was found to be a valid journey ticket from Gondia to Nagpur purchased on 23rd April, 2015. Learned advocate submitted that, therefore, the finding recorded by the Tribunal that the journey ticket was not recovered is totally perverse. Learned advocate further submitted that the place of the incident is 20 kms. away from the nearest railway station. Learned advocate pointed out that the deceased was a resident of Balaghat in the state of Madhya Pradesh. Learned advocate submitted that the deceased had no reason to go to the spot of the incident in ordinary circumstances. Learned advocate submitted that AW-1 has categorically stated that the deceased had gone to Gondia for personal work and, while coming back to Nagpur from Gondia, fell from the moving train and died due to the injuries sustained by him. Learned advocate submitted that the attending circumstances, particularly the circumstance that the dead body was found lying in the bushes near the railway track, probablize the case of the appellants that the deceased fell from the moving train and died due to the injuries sustained by him. Learned advocate submitted that the younger brother of the deceased had given a missing complaint to the concerned police station when the deceased did not return from Gondia. Learned advocate further submitted that the evidence brought on record and the attending circumstances are sufficient to presume that the deceased, while travelling from Gondia to Nagpur by train, fell