The court established that a deceased passenger's accidental death while traveling on a train qualifies as an 'untoward incident' under the Railways Act, affirming the claimants' status as bona fide passengers despite the absence of a ticket.

JUDGMENT :

1. The First Appeal has been preferred by the Original Claimants against the judgment dated 10^th June, 2014 passed by the Railway Claims Tribunal, Mumbai dismissing the Claim Application.

2. The Application came to be filed by parents of the deceased contending that the deceased while travelling from Titwala to Shahad, on 12^th March, 2011 accidentally fell down from unknown local train between Titwala and Ambivali Station and suffered serious head injuries. It was further pleaded that the deceased was travelling with II^nd class return journey ticket for travel from Shahad to Titwala stations issued on 11^th March, 2011, and the same was lost in the accident.

3. The Appellants examined Applicant No. 1 who is father of the deceased and who deposed that on 11^th March, 2011 in the morning, the deceased had left home informing that he was going to Titwala to attend catering order. On 11^th March, 2011 at about 12:00 p.m., he received the telephone from his son who told him that he had boarded local train and that he will come home. It was further pleaded that the deceased did not return home and upon making inquires, he was informed that on 12^th March, 2011, the deceased had fallen down from unknown local between Titwala and Ambivali railway stations and had expired. He had further deposed that his relative had informed him that on 11^th March, 2011, the deceased had met him at Shahad railway station and in his presence, he had purchased II^nd class return ticket from Shahad to Titwala, which was kept in the shirt pocket of the deceased and the same was lost in the accident. Along with the evidence, the Claimants’ produced the Station Master’s memo, Inquest Panchnama, Police Report, copy of the post-mortem report and the statement given to the police.

4. The Claimants also examined one relative Sunil Dagdu Nikam as A.W.-2 who deposed that on 11^th March, 2011, in the morning, he had reached Shahad railway station at about 6:30 a.m. where he met deceased who had purchased the return ticket for travel between Shahad to Titwala and kept the same in his shirt pocket and that he had seen him boarding the train for Titwala. The Respondent neither led any evidence nor produced the Divisional Railway Manager’s report. In the cross-examination of A.W.-2, it was stated that the deceased was not regularly seen by witness and on date of accident, he had seen him purchasing the return ticket. A.W.-2 had further admitted in the cross-examination that he had not given any statement to the Police.

5. Learned counsel appearing for Appellant has taken this Court through the record and proceedings and would submit that Station Master’s report records that the deceased was found lying on 12^th March, 2011 at about 4:15 hours between Titwala and Ambavli stations. He would further point out the Inquest Panchnama, in which it is opined that the deceased fell down from an unknown local train and hit by pole, and, no articles were found with the deceased. He would further submit that evidence on record of A.W.-1 and A.W.-2 established that the deceased had expired in an “untoward incident” and that he was a bona fide passenger. He would further point out the Written Statement of the Railways wherein it is stated that the deceased died due to his own carelessness and negligence by travelling on the footboard of unknown local train and met with an accident, which is self-inflicted injury. He submits that Trial Court had erroneously considered the Station Master’s Memo as proof of the fact that deceased had not fallen down from the running train and in view thereof, has not gone into the question as to whether the deceased was a bona fide passenger.

6. Per contra, learned counsel appearing for Respondent would submit that A.W.-2 in his cross-examination has deposed that on 11^th March, 2011, in the morning at 6:30 a.m., he had seen the deceased whereas the body was found on 12^th March, 2011 at about 4:30 a.m. lying near the railway tracks. He submits that there