The Railways Act is a beneficial legislation where death or injury during boarding or de-boarding a train constitutes an 'untoward incident' under the 'no-fault theory', and a purposive interpretation is required to advance the statute's objective regardless of the victim's potential negligence.

1. The present appeal instituted under Section 23(1) of the Railway Claims Tribunal Act, 1987 seeks setting aside of the judgment dated 09.02.2017 rendered by the Tribunal vide which the Claim Application No. OA/IIu/0052/2014 came to be dismissed.

2. Learned counsel for the appellant, while assailing the judgment, contended that the Tribunal fell into error in holding that the deceased was not a bona fide passenger. It was further contended that the Tribunal also erred in concluding that the injuries sustained by the deceased were on account of a heart attack, which was merely incidental. In support of his contentions, learned counsel has placed reliance on the DRM Report, a copy of which has been handed over and is taken on record.

3. Learned counsel for the respondent, on the other hand, has disputed the contentions of the appellant and supported the impugned judgment.

4. Briefly, the facts are that the claim petition came to be filed in the context of an untoward incident that occurred when one Veer Singh undertook a train journey from Jhansi to Hazrat Nizamuddin Railway Station in the train bearing no. 11057 Dadar-Amritsar Express and sustained grievous injuries while de-boarding the said train at Hazrat Nizamuddin Railway Station. Though he was taken to Safdarjung Hospital for treatment, he expired in the hospital. It was claimed that the deceased had undertaken the said train journey along with his brother Amar Singh as well as his brother-in-law Rampal, and that he was holding a valid journey ticket.

5. A perusal of the case record reveals that at occurrence of the incident on 14.05.2013, DD No. 4A was lodged at P.S. Hazrat Nizamuddin Railway Station, wherein it was recorded that at 05.45 AM, a local had informed the Duty Officer that between platform nos. 2 and 3 at Hazrat Nizamuddin Railway Station, near the guard lobby, one person had fallen down while attending nature’s call and that the said person was in a serious condition. DD No. 3A registered subsequently on 15.05.2013 records that Veer Singh, who had fallen down on the railway track and was being treated at Safdarjung Hospital, had died during treatment. His death report as well as post-mortem report recorded “head injuries”. Further, a perusal of the “brief facts” prepared on 15.05.2013 by SI Dharamvir, P.S. Hazrat Nizamuddin Railway Station, shows that in relation to the demise of Veer Singh, an inquiry was conducted, which revealed that the deceased had boarded the train along with Amar Singh and Rampal after booking in the night of 13.05.2013 tickets for the journey bearing nos. 648402058 (for two passengers) & 648402059 (for one passenger) for Rs.250/- and Rs.125/- respectively, from Jhansi to Hazrat Nizamuddin Railway Station. While Amar Singh and Rampal managed to de-board the train, the deceased fell down on account of pushes being given by the crowd, as a result of which he sustained injuries. Notably, the DRM Report also mentions that the deceased had fallen at the railway track.

6. The claimant had examined Rampal, brother-in-law of the deceased. He deposed that in the night of 13.05.2013, he along with the deceased and his brother Amar Singh reached Jhansi Railway Station, where he purchased two second class express train journey tickets for three adults to go to Delhi. He had kept the train tickets in his pocket. They boarded 11057 Dadar-Amritsar Express at Jhansi Railway Station. The train was overcrowded and when it was approaching Hazrat Nizamuddin Railway Station in the morning of 14.05.2013, he along with the deceased and Amar Singh came near the gate for de-boarding. While he and Amar Singh man