The absence of a ticket does not negate a claim for compensation if the deceased is proven to be a bona fide passenger, and death from falling from a train is classified as an untoward incident under the Railways Act.

JUDGMENT :

G. A. Sanap, J.

Heard learned Advocate for the appellant.

2. In this appeal, filed under section 23 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act of 1987'), the challenge is to the judgment and order dated 01.04.2010, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur (for short 'the Tribunal'), whereby the claim filed by the respondents/claimants for compensation under Section 16 of the Act of 1987 was allowed.

3. Background facts:

The claimants are the parents of the deceased. They claim that on 11.04.2006, the deceased, while travelling from Akola to Badnera, fell from a moving train between Murtizapur and Mana Station and died due to the injuries sustained by him. Respondent No.1 had come to the railway station to see off the deceased. The deceased had purchased the ticket for Rs. 11/-. The passenger train was late & therefore, respondent No.1 went back to his home. It is stated that the deceased fell from a moving train due to the sudden jerk to the train and died due to the injuries sustained by him. The ticket purchased by the deceased was lost in the accident. The deceased was a bona fide passenger. The death was in an untoward incident. Therefore, they claimed the compensation.

4. The appellant-railway filed the written statement and opposed the claim. It was contended that the ticket was not found either on the spot or at the time of conducting the spot and inquest panchanama. The deceased was not a bona fide passenger. It was further contended that the death was not in an untoward incident. The investigation conducted by the RPF revelled that the deceased might have committed suicide. It was further contended that the incident might have occurred due to the negligence of the deceased. According to the appellant, the death was not in an untoward incident.

5. Parties adduced evidence before the Tribunal. Respondent No.1-Ganesh Hiwade examined himself as AW- 1. The appellant-railway examined two witnesses. Learned Member of the Tribunal on consideration of the evidence found that the deceased was bona fide passenger travelling with the valid journey ticket and his death was in an untoward incident and ultimately, allowed the claim. The appellant-railway is in appeal against this judgment and order.

6. I have heard the learned Advocate Ms Neerja Chaubey for the appellant. Learned Advocate for the respondents has failed to attend the Court.

7. In the facts and circumstances, the following points fall for my determination:

(i) Whether the deceased died in an untoward incident as understood by the provisions of section 123(c)(2) of the Railways Act, 1989?

(ii) Whether the deceased was a bona fide passenger travelling with a valid journey ticket?

8. Learned Advocate for the appellant submitted that the initial burden to prove that the deceased was bona fide passenger was on the respondents and they have failed to adduce sufficient evidence to prove this fact. Learned Advocate submitted that the evidence of AW-1 cannot be believed for more than one reason. Learned Advocate submitted that AW-1 has not stated that the deceased boarded any train in his presence. Learned Advocate submitted that the ticket was neither found on the spot nor in the trouser or shirt pocket of the deceased. Learned Advocate for the appellant further submitted that there is no eye witness to the incident. Learned Advocate submitted that therefore the case put forth by the respondents that the deceased accidentally fell from a moving train and died due to the injury to head cannot be accepted. Learned Advocate submitted that there cannot be presumption as to the death in an untoward incident. Learned Advocate submitted that the learned Member of the Tribunal has failed to properly appreciate the evidence on record as well as the provisions of law.

9. With the able assistance of the learned Advocate for the appellant, I have gone through the record and proceedings. Admitted facts having bearing with the issues involved in this ap