IMPORTANT POINT
The absence of a valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable for untoward incidents.

JUDGMENT :

(Duppala Venkata Ramana, J.) :

This appeal is preferred under section 23 of the Railways Claims Tribunal Act, 1987 (hereinafter referred to as “the 1987 Act”) by the appellants/claimants aggrieved by the judgment dated 11-1-2018 in O.A/IIu/2013/0360 passed by the Railway Claims Tribunal, Bhopal (hereinafter referred to as “the RCT”) whereby, claim petition filed by the appellants/ claimants filed under section 16 of the 1987 Act read with section 123(c)(2) and 124-A of the Railway Act, 1989 for compensation to the tune of Rs. 8,00,000/- (Rupees Eight Lakh) with interest against the respondent/Railways on account of death of deceased-Jagdish Sharma in an untoward incident alleged to have been occurred on 20-2-2013, has been rejected.

2. For the sake of convenience, the parties are referred to as they arrayed before the RCT.

3. The brief facts of this case as summarized in the impugned order are that on 20-2-2013, the deceased Jagdish Sharma was travelling by Rewanchal Express from Bhopal to Ganj Basoda holding a valid second class ticket which was lost in the incident. It is further stated that when the train is going on, due to heavy crowd in the general compartment, the deceased was standing near the door and he fell down near Vidisha railway station from the running train due to jolting of the train and sustained severe injuries and died on the spot. Mr. Raghuweer Singh sent the information to GRP Police, Vidisha and, in turn, GRP Police, Vidisha registered a death intimation vide Merg No. 04/2013 and GRP police visited the scene of occurrence and prepared the Panchayatnama and shifted the dead body to the Government Hospital, Vidisha for autopsy. Claimants/appellants have alleged that according to the police documents, the deceased-Jagdish Sharma was a bona fide passenger fallen from the train while travelling in the passenger train and died on account of injuries sustained by him in an untoward incident and as such the appellants are entitled to compensation as provided under section 124-A of Railways Act.

4. The claimants, who are the wife, children and mother of the deceased Jagdish Sharma filed an application claiming compensation of Rs. 8,00,000/- (Eight Lakhs Rupees) before the RCT on account of the death of the deceased in an untoward incident occurred on 20-2-2013 as defined under section 123(c)(2) of the Railways Act. 1989.

5. The respondent-Railways filed written statement through the Projecting Officer, RCT, Bhopal whereby it is averred that the incident narrated in column No. 6 of the claim petition is denied stating that the deceased was a bona fide passenger of the train, he was travelling from Bhopal to Ganj Basoda without having a valid ticket and had fell down from the running train near Vidisha railway station, further averred that the respondent/Railways has alleged that the deceased due to fear of getting caught by ticket checking staff, attempted to alight from the train before the train could take its position, resulting in occurrence of the alleged incident, further averred that the incident does not fall within the purview of section 123(c)(2) of Railways Act on account of sheer negligence on the part of the deceased himself, the incident caused, the claim application filed by the claimants is not tenable and prays to dismiss the claim petition.

6. In view of pleadings of the parties, the Tribunal framed the following issues :

1. Whether the deceased was a bona fide passenger of the train in question at the time of occurrence of the alleged untoward incident?

2. Whether the death of the deceased caused due to the said alleged untoward incident as defined under section 123(c)(2) of the Railways Act, 1989?

3. Whether the respondent Railway Administration is protected under section 124-A of the Railways Act, 1989 and is not liable to pay any compensation to the applicants?

4. Whether the applicant is the legal dependent of the deceased to claim/receive the compensation, if any, granted ? who else are