The deceased was deemed a bonafide passenger under the Railways Act despite his body being found beyond the ticket's destination, thus entitled to compensation for the accidental fall.

ORDER :

SRI JUSTICE ANANDA SEN

By filing this miscellaneous appeal, the claimant-appellant has challenged the order dated 24.04.2015 passed by the Railway Claims Tribunal, Ranchi Bench in Case No. OA (IIU)/RNC/2013/0021 (Checklist No.2902130014) whereby the claim application filed by the claimant-appellant under Section 16 of the Railways Claims Tribunal Act, 1987 has been dismissed.

2. Deceased Sanjay Rana died in an untoward incident as he fell from running passenger train. Claimant is the father. The deceased left behind his father (claimant), mother, young widow (aged about 25 years) and two minor children (a daughter aged about 3 years and a son aged about 8 years).

3. The deceased, Sanjay Rana, was son of claimant-appellant. On 27/28.08.2012, the deceased, after purchasing second class train ticket for Baidhyanath Dham to Shankarpur, boarded Train No.63564 DN Jasidih – Asansole Passenger. There was heavy rush in the train. The deceased was standing inside the compartment near its gate. Due to heavy rush the passengers were jostling with each other and because of intense jostling of passengers and heavy rush in the train, the deceased Sanjay Rana could not maintain his grip and fell down from the running train between Mathurapur and Shankarpur Station Near Km 313/10-08 and as a result of which he sustained serious injuries and died on the spot. On receiving information about the incident, family members of the deceased came and identified the body of the deceased and father of the deceased, who is claimant-appellant, gave a written application to Rail Police Station Jasidih on 28.07.2012. On the basis of his statement an unnatural death case being U.D. Case No.18 of 2012 was registered with Jasidih Government Railway Police Station on 28.07.2012. A claim application was filed by the claimant-appellant, seeking compensation for the death of his son in untoward incident under Section 16 of the Railway Claims Tribunal Act, 1987. Compensation claimed was for himself of Rs.4,00,000/-along with interest pendente lite and future till realization at the rate of 12% per annum.

4. Respondents appeared and filed their written statement, making formal, evasive and ornamental objections. Later the DRM’s report based on the enquiry done under the Railways Passengers (Manners of Investigation of Untoward Incidents) Rules, 2003 was filed.

5. On the basis of the pleadings of the parties, Tribunal had framed three issues, which are as follows:-

1. Whether Sanjay Rana was a bonafide passenger as alleged?

2. Whether any untoward incident as defined under Section 123(c)(2) of the Railways Act, 1989 occurred to him while travelling by Jasidih-Asansol Passenger Train No.6354 from Baidyanath Dham to Shankarpur Station on 28.7.2012?

3. Whether the applicant is entitled for the compensation as claimed and other relief, if any?

6. In support of his claim, the applicant had examined himself as AW 1 and had furnished the following documents, which were marked exhibits:

7. The respondent did not examine any witness, but furnished the following documents which were marked as exhibits :

8. The Tribunal, after considering the evidence and documents on record, dismissed the application holding that the deceased Sanjay Rana was not a bonafide passenger at the relevant time of the incident and, therefore, the applicant