The main legal point established in the judgment is the presumption of innocence of a passenger and the burden of proof on the railway administration to prove that a deceased passenger was not a bona fide passenger, as well as the interpretation of the provisions of Section 123(C) and Section 124(A) of the Railway Act, 1989.

1. Heard learned counsel for both the parties.

2. This miscellaneous appeal is directed against the order dated 22.1.2008 passed by the Bench of Railway Claim Tribunal in Claim Case No. O.A. 00137/ 2004 by which claim of the claimant regarding the death of the deceased Shambhu Nath Sharma has been disclaimed.

3. The case of the claimant is that on 19.4.2004 while his father Shambhu Nath Sharma was going with valid ticket from Guljarbagh to Patna by DMU train alongwith the co-passenger Ajay Kumar Singh, when the train reached Agamkuan near upper bridge, Shambhu Nath Sharma fell down from the train due to jerk in train and dashed with the electric poll causing injury. He was taken to NMCH from where referred to the PMCH where he succumbed to injury on 21.4.2004 at 11.00 P.M.

4. The fardbeyan was recorded by Pirbahore Police and transferred to the GRP, Patna Junction and U.D Case No. 32 of 2004 was registered on 22.4.2004. The dead body was handed over to the son of the deceased. The claimant appellant claimed that the deceased the father of the claimant was a bona fide passenger and died out of the untoward incidence. It is stated that the ticket of the train was lost at the time of the accident.

5. The claim was contested by the railways and in reply to the claim petition it has been asserted that the deceased was not a bona fide passenger and no ticket has been recovered from his possession during inquest or the ticket number has been mentioned. It is further asserted that no untoward incidence as per Section 123(C) of the Railway Act, 1989 rather the same is covered under Section 124(A) proviso (b) and (c) and the accident took place due to his negligence and hence has denied the claim. It is submitted that the deceased may have been met with the accident due to traveling in negligent manner with carelessness of prohibited conduct of the required standard of care and hence covered under self-inflicted injury and it has been submitted that as per evidence the deceased was traveling by catching paudan of the compartment causing fall, which is itself unlawful under Section 156 of the Railways Act, so as the deceased was negligent and careless amounts to self-inflicted injury.

6. However, during1 enquiry two witnesses examined on behalf of the claimant are A.W. 1 Ajay Kumar Singh and A.W. 2 Vijay Kumar Sharma.

7. The documentary evidence has adduced on behalf of the claimant as Ext.-A is the affidavit filed by Vijay Kumar Sharma, Ext.-A/1 is the affidavit filed by Ajay Kumar Singh, Ext.-A/2 is the fardbeyan, Ext.-A/3 is the inquest report, Ext.-A/4 is the final report, Ext.-A 5 is the post mortem report, Ext.-6 is the death certificate.

8. However, no evidence has been adduced on behalf of the Railway but the Railway has also filed documentary evidence, which is Ext.-R affidavit of Shashi Bhusahn Sinha, Ext.-R/1 is the certificate of Station Master Rajendra Nagar Terminal and R/2 is the station diary report of Gulzarbagh Station. .

9. However, after considering the evidence and submission of the parties, the Tribunal has hold that the claimant has neither produced any documentary evidence nor ticket to prove that the deceased was traveling in the train in question. Hence, deceased was not a bona fide passenger and further held that at the time of occurrence the railway administration was not informed either at Rajendra Nagar Terminal nor at Guljarbagh Station about the occurrence give rise to a doubt that the occurrence took place on 19.4.2004.

10. Learned counsel for the appellant, however, contended that there is evidence of A.W. 1, who was a co-passenger traveling alongwith the deceased and has stated in his evidence that he was traveling with the deceased after purchasing the ticket and the victim was standing after entering into the train by catching hold of the handle, when the train halted due to the signal after taking a break causing a jerk by which the deceased fell down and collided with the electric polls and