The absence of a train ticket does not automatically negate the status of a bona fide passenger; compensation is due for deaths resulting from untoward incidents as defined under the Railways Act.

JUDGMENT :

Sanjeeb K. Panigrahi, J.

1. In filing this FAO, the Appellants claiming themselves to be the legal heirs of the deceased who is claimed to have been died of a train accident, have challenged the impugned judgment/ order dated 26.05.2016 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.O.A/IIU/BBS/2012/ 0052.

Apart from the above challenge, the Appellants have also sought for a direction from this Court to the Respondent for granting necessary compensation in their favour due to untimely death of their belongings in the alleged train accident.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(a) Due to some personal work the deceased on 12.10.2016 was travelling from Bhubaneswar to Bolangir by Puri-Durg Express in general compartment. The deceased is claimed to have been proceeding on the strength of a valid general class journey ticket. It is alleged that during course of journey, due to push and pull of passengers inside the compartment, the deceased fell down from the said train near Hirakud Railway Station at KM No.569/10 and died on the spot. Soon after the said incident a criminal case was instituted by the GRPS, Sambalpur vide U.D. Case No.37/11.

(b) Upon institution of the said criminal case and completion of investigation necessary report was submitted. After death of the deceased, the Appellants filed a case bearing Case No.O.A/IIU/BBS/2012/ 0052 before the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar seeking necessary compensation.

(c) After filing of the case and issuance of notice, the Respondent-Railway filed written statement /reply thereby denying and disputing all the allegations made in the claim application. In the said reply, the Respondent did not admit the fact that the deceased was a bona fide passenger as no valid journey ticket was recovered from the deceased at the time of inquest. The Respondent also claimed therein that the alleged incident as narrated by the applicants does not fall within the purview of the provision under Section 123 (C)(2) of the Railway Act. The Respondents, accordingly, prayed for dismissal of the above noted O.A.

(d) On hearing the parties concerned and looking to the documents produced at the time of hearing, the learned Bench/Tribunal framed the following issues for determination:-

i. Whether the applicants are dependent of the deceased?

ii. Whether the deceased was a bona fide passenger for his journey in Puri-Durg Express train from Bhubaneswar to Bolangir on 12.10.2011?

iii. Whether the death of the deceased was on account of an untoward incident within the meaning of Section 123 (C) (2) of the Railway Act, 1989?

iv. Whether the applicants are entitled to get any compensation?

v. To what relief the applicants are entitled to?

(e) In order to strengthen their case, the Applicant No.1 got herself examined as AW 1 and another witness named Bhagirathi Behera was also examined as AW 2. Besides the oral evidence, the applicants had filed necessary documents i.e. certified copies of the FIR, final report, dead body challan, P.M. Report and inquest report in order to substantiate the plea that the deceased had died of an untoward incident. The Respondent, on the other hand, filed the inquiry report of the DSC/RPF/SBP accepted by the DRM/SBP and produced one Dillip Kumar Sahoo, the on duty SI/RPF/Sambalpur as RW 1 before the learned Tribunal for examination.

(f) Since all the above noted issues were interconnected, these issues were taken up together for adjudication simultaneously by the learned Bench. The learned Bench, accordingly, dealt with the above issues with the following answers:-

(g) AW 1 has stated on oath that she being the wife of the deceased filed claim case before the learned Tribunal along with her minor children (Applicant No.2) and parent-in-law (Applicant Nos.3 & 4) for getting necessary compensation due to untimely death of her husband in an untoward incident. The Voter I.D. card