The court affirmed that a passenger's absence of a ticket does not negate their status as a bonafide passenger, and defined 'untowards incident' liberally under the Railway Act.

JUDGMENT :

HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

1. The instant appeal has been preferred against the judgment dated 26.03.2021 passed by the Railway Claims Tribunal, Ranchi whereby and whereunder the claim application of the appellants has been dismissed.

2. Factual matrix of the case is that on 23.04.2018 at about 10 Hrs. the deceased, Vijay Kumar Paul has left home to meet his married daughter, Chetali Sen. In the evening, brother in-law of the deceased informed the applicant Pintu Pal that deceased has not reached the destination. It was informed that one male person has fell down from the running train in between Kaseetand and Vidyasagar. The applicant Pintu Pal along with other family members rushed to the spot. They found the dead body of the deceased lying outside the up track at K.M. 263/ 23-203/25. It is further alleged that Railway Protection Force also arrived there and the applicants identified the deceased. It is alleged that the deceased had purchased valid ticket for travelling through passenger train from Jamtara to Vidyasagar and boarded on Sealdah-Muzaffarpur Fast passenger train No. 53131 and due to overcrowding he fell down from the running train in between Kaseetand and Vidyasagar. On the basis of fardebeyan of son of deceased namely, Pintu Pal a U.D. case bearing U.D. Case No. 14 of 2018 dated 23.04.2018 was registered. Inquest report was prepared and after investigation final form was submitted by the police. It is alleged that deceased was a bonafide passenger of the aforesaid train and died in an untowards incident, therefore, compensation was claimed of Rs. 8,00,000/-(Eight Lakhs) with interest from the date of filing of the application i.e. 20.06.2018.

3. The learned tribunal after taking evidence of parties decided the main issues as to whether the claimant was a bondafide passenger and died to an “untowards incident” in the following terms:-

“In the Fardbayan of Sri Pintu Pal there is no mention of the train number on which the deceased was travelling. In the claim application however, the Applicant Sri Pintu Pal has mentioned that his father was travelling on 28.04.2018 from Jamtara to Vidyasagar by Sealdah Muzaffarpur fast passenger train no. 53131 having a valid second class ticket. If this was the case, the same should have been mentioned in the Fardbayan also. The Inquest Report and the Final Report also do not find mention the train number from which the deceased fell down and died. The statement of the Keyman who was the first person to see the dead body on the track has given his statement in which he says that on seeing the dead body, it appears that death was due to dashing by some train. No valid journey ticket has been found from the possession of the deceased and as per report of the ASI/RPF, the cause of the death could not be ascertained due to lack of consolidated evidence.

On cross-examination by the Counsel for the Respondent, the Applicant Sri Pintu Pal has mentioned that his father did not call him “regarding any over-crowd in train or never he was using mobile phone.” His answers in the cross-examination are contrary to the statement made under Para 4 of the Affidavit and under Para 5 of the claim application that his father had informed him over the phone that he had purchased a railway ticket, boarded the over-crowded train no. 53131 and was standing near the exit gate of the train due to lack of accommodation. In view of the above, it is not conclusively proved that the death was due to accidental fall from a running train. The bonafide of the passenger has also not been established.”

4. Learned counsel for the appellants, Ms. Chaitali Chatterjee Sinha has submitted that the learned tribunal has taken hyper technical view beyond the weight of evidence available on record and arrived at written conclusion. It is fairly proved through cogent and reliable evidence both oral as well as documentary that the deceased was having a valid ticket of journey and he died in an untowar