ORAL JUDGMENT

1. This First Appeal is at the instance of the Union of India through the General Manager, Western Railways, in a proceeding under Section 16 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act 1987') and is directed against the award dated 19.01.2016 passed by the Railway Claims Tribunal, Ahmedabad Bench, thereby allowing the claim application filed by the respondents herein - original claimants. 2. The facts giving rise to this First Appeal can be gathered from paras 2 and 3 of the impugned judgment passed by the Tribunal. Paras 2 and 3 are quoted as under:

“2. According to the Applicants, on 25.01.2012, the deceased was travelling from Anand to Ahmedabad by train no. 69101 Vadodara- Ahmedabad Menu. During the course of the journey, when the said train was running before Vatva railway station, one unknown person had offered him Maza Cold drink mixed with intoxicated substance and made a violent attack on him with an intention of robbery and loot with the result of this untoward incident her husband had started giddiness and blood vomiting and when the said train reached at Vatva railway station her husband got down from the train with blood vomiting. Her husband was admitted in the Civil Hospital- Ahmedabad for emergency treatment and due to the serious condition, he was shifted to Satyamev Hospital-Ahmedabad for further treatment but unfortunately on 27.01.2012 at about 01.40 hrs. he died during the treatment in the hospital. It is alleged that the deceased was holding a valid railway second class travelling ticket bearing no. P- 48883880 dated 25.01.2012 from Anand to Ahmedabad and the same is placed at Exh. A/1.

3. The Respondent Railway administration has contested the claim of the applicant by filing the written statement, wherein apart from denying the allegations made in the claim application, it is contended inter-alia that the above alleged incident is not an untoward incident. It is also stated that the petitioner has not produced any documentary evidence showing that the deceased died due to violent attack. Therefore, the present claim application does not come under the ambit of Section 123(c) of the Railways Act, 1989. Hence, it is liable to be dismissed with cost.”

3. Having regard to the pleadings of the parties, the Tribunal framed the following issues:

ISSUES “1. Whether the deceased was travelling as a bonafide passenger by train no. 69101 Vadodara –

Ahmedabad Memu on 25.01.2012 ?

2. Whether the said incident is covered under the provision of Section 123 (c)(2) of the Railways Act 1989 ?

3. Whether the Respondent proves the negligence on the part of the deceased ?

4. Whether the applicants are the dependents of the deceased ?

5. What order ? What relief ?”

4. The issues framed by the Tribunal came to be answered as under:

“9. It is contended by the Applicants in the claim application that on 25.01.2012, the deceased was travelling from Anand to Ahmedabad by train no. 69101 Vadodara-Ahmedabad Memu. He was holding a valid second class railway travelling ticket bearing no. P-48883880 dated 25.01.2012 from Anand to Ahmedabad and the same is placed at Exh. A/1. During the course of the journey, when the said rain running before Vatva railway station, one unknown person had offered him Mazza Cold drink mixed with intoxicated substance and made a violent attack on him with an intention of robbery and loot with the result of this untoward incident her husband had started giddiness and blood vomiting and when the said train reached at Vatva railway station her husband got down from the train with blood vomiting. Her husband was admitted in the Civil Hospital- Ahmedabad for emergency treatment and due to his serious condition, he was shifted to Satyamev Hospital- Ahmedabad for further treatment but unfortunately he died on 27.01.2012 at about 01.40 hrs. he died during the treatment on account of the above untoward incident in the hospital. To substantiate the said facts, the applicant no.1 has filed he