The absence of a ticket does not negate the claim of a deceased being a bona fide passenger under the Railway Act, and compensation is payable under strict liability principles.

JUDGMENT :

The instant miscellaneous appeal has been directed against the order dated 17.09.2019 passed by the Member/Technical, Railway Claims Tribunal, Ranchi Bench in Case No. OA(IIU)/RNC/102/2017 (Check List No.2908170016) whereby the claim petition of the appellants has been dismissed.

2. The brief facts leading to this Miscellaneous Appeal are that the claim petition was filed on behalf of claimants with these averments that the son of the claimants namely Akhilesh Kumar 20 years old had boarded in second class coach of the Train No. 13308 Dn. Ganga-Sutlaj Express after having purchased second class express ticket for Dehri-on-Sone Station to Dhanbad Junction for the purpose of joining the labour work. On 29.06.2017 while the train was moving at Anugraha Narayan Road Station the deceased who was standing at the gate of the bogie on account of the jostling being made by the other passengers accidentally fell down from the moving train at K.M./Pole No. 538/02 of Dn. Line of platform no.2 of Anugraha Narayan Road Station as a result of which he sustained serious injuries and died on the spot. After having got the information about the incident over the mobile phone the grandfather of the deceased reached at the place of incident alongwith other family members and identified the dead body of deceased Akhilesh Kumar. After the postmortem of deceased the dead body was handed over for cremation and in regard to the said accident U.D. Case No. 39 of 2017 had been registered at Rail P.S. Sonnagar on 29.06.2017. After investigation it was found that the death was caused due to the accidental fall of the deceased from the moving train. It is further averred that the deceased was travelling as a bona fide passenger with a valid second class express ticket from Dehri-on-Sone Station to Dhanbad Junction. His ticket might have lost due to the untoward incident. As such both the appellants are the parents of the deceased and the total amount of compensation of Rs. 8,00,000/- with 12% per annum interest was claimed.

3. On behalf of opposite party-Union of India the averment made in the claim petitions were denied and stated that as per Station Manager Report dated 29.06.2017 of Anugraha Narayan Road Station Brajesh Kumar Choudhary informed to SEB that one person had run over by 13308 express train. The investigating officer of the case in final form submitted before the court of SDM that deceased had fallen down from the running train on the basis of the information collected by him. The investigating officer has also stated that the deceased was having a ticket as per statement made by the family members; but it was not a case of untoward incident as defined under section 123(C)(2) r/w 124/A of the Railway Act rather it was a case of self-inflicted injury of the deceased and railway administration is protected under the exception of section 124/A of Railway Act and the claim petition was liable to be dismissed. Deceased was not a bona fide passenger as he was not having any ticket. No ticket was recovered while conducting the inquest of deceased. In view of the above prayed to dismiss the claim petition.

4. The learned Tribunal has framed following issues:

(I) whether the deceased was a bonafide passenger, as alleged?

(II) Whether the deceased had died due to alleged untoward incident?

(III) Whether the applicants or other dependents of the deceased are entitled to get compensation?

(IV) Relief?

5. On behalf of the claimants in oral evidence examined AW1-Rama Pati Ram, AW2- Banshi Ram @ Banshi Dhar Ram and also filed the other relevant documents.

6. On behalf of respondent no oral evidence was adduced and in documentary evidence filed the DRM report alongwith relevant documents marked as Exhibit-R1 to R5.

7. The learned Tribunal after hearing the rival submission of learned counsel for both parties passed the judgment by dismissing the claim petition vide order dated 17.09.2019.

8. Aggrieved from the impugned award dated 17.09.2019, this miscellan