The central legal point established in the judgment is the entitlement of claimants to compensation under Section 124-A of the Railways Act, 1989 in case of an untoward incident, and the exceptions under which compensation is not payable.

JUDGMENT :

1. This appeal is filed challenging the order dated 03.05.2018, passed by the Railway Claims Tribunal, Secunderabad Bench in O.A.II (U).No.54 of 2009, dismissing the said application.

2. The applicants before the Tribunal are the appellants in this appeal. They filed the aforesaid O.A. claiming compensation of Rs.4 Lakhs for the death of their son Sanjog Changle, who died in an untoward incident while travelling in Train No.792 –Holiday Special Express from Chandrapur to Sirpurkagaznagar on 11.10.2008. It is alleged that the deceased fell down from the running train at Asifabad Road Railway Station on 11.10.2008, sustained severe injuries and died while shifting to Mancherial for treatment. It is also the contention of the applicants before the Tribunal that the journey ticket of the deceased was lost during the incident.

3. A detailed counter was filed by the Railways before the Claims Tribunal contending that the applicants have failed to prove that the deceased was a bonafide passenger and that the report of the Divisional Railway Manager (DRM) disclose that the deceased did not fall from the train accidentally, but rather fell down while de-training from the running train at the Asifabad Road Station. Therefore, the applicants are not entitled for any compensation.

4. Basing on the pleadings before the Tribunal, the following issues were framed:

1. Whether the application is maintainable ?

2. Whether the Applicants are dependents of the deceased ?

3. Whether the deceased was a bona fide passenger of train No.792 Express while traveling from Chandrapur to Sirpur Kagaznagar on 11.10.2008 ? Whether the deceased died as a result of an untoward incident of accidental fall from the said train ?

4. Whether the Applicants are entitled to the compensation as claimed by them in the application ?

5. To what relief ?”

5. On behalf of the applicants, applicant No.1 i.e. the father of the deceased was examined as AW-1 and exhibits A-1 to A-7 documents are marked. Exs.A-1 to A-3 are the attested copies of FIR, Inquest report and postmortem report of the deceased respectively, Ex.A-4 is the legal heir certificate, Exs.A-5 to A-7 are the copies of Ration Card of AW-1, Election Voters list and School leaving certificate of the deceased respectively. On behalf of Railways, RWs.1 and 2 are examined and Exs.R-1 and R-2 are marked. RW-1 is Mr.Rajanogili, Pointsman and RW-2 is Mr.Manoj Kumar Kanav, S.I., RPF. Ex.R-1 is the copy of message sent by the Deputy Station Superintendent, Bellampally and Ex.R-2 is the Divisional Railway Manager’s report.

6. On perusal of Ex.A-1/FIR, it is evident that the Police have received information that the deceased had fallen from the running train and it was an accidental fall. The inquest report also discloses that the deceased accidentally fell from the train and RW-2/RPF S.I. Sri Manoj Kumar is also one of the panch witnesses to the inquest report. The information at that particular point was that the deceased had accidentally fallen from the train. But contrary to it, the DRM’s report disclose that the deceased is not a bonafide passenger of the train and one person observed while the deceased was trying to get down from the running train and inspite of several warnings not to get down, the deceased tried to get down from the train and sustained severe injuries. It is pertinent to mention that there is no iota of recital in the DRM’s report, as to who was that person, who had observed while the deceased was trying to get down from the running train and as to how the DRM came to the conclusion that the deceased was not a bonafide passenger of the said train. The Railway Claims Tribunal, by completely relying on the evidence of RW.1/the Pointsman and RW.2/Sri Manoj Kumar (RPF S.I.) and also on Ex.R-2/DRM’s report, dismissed the claim of the applicants.

7. On perusal of the record, it is evident that on 11.10.2008, a message was sent by the Deputy Station Superintendent of South Central Railway, Bellampalli sta