JUDGMENT

1. The present claim application has been filed by the applicants under Section 16 of Railway Claims Tribunal Act, 1987 read with Sections 123(c)(2), 124A and 125 of Indian Railways Act, 1989 claiming compensation of Rs.8,00,000/- with interest for the death of Ravi Kumar, S/o. Late Harhangi, aged 42 years (hereinafter referred to as deceased) in an alleged untoward incident that occurred while travelling from Raichur to Gorakhpur.

2. The brief facts of the case are that the deceased was working at Raichur as a painter. On 3.7.2021 the deceased along with his friend booked a reservation ticket bearing PNR No.473-4236729 for train No.02592 Yashwantpur – Gorakhpur Express and commenced their journey from Raichur to Gorakhpur on 6.7.2021. They were allotted seat Nos.37 and 38 in B-1 coach. During the travel, the deceased went to the toilet and also to meet his other relatives in another coach, but did not return. The co- passenger of the deceased Rakesh Kumar searched for the deceased but he did not find him anywhere. He informed the wife of the deceased about missing of deceased. He reached Gorakhpur railway station and reported the matter to the station officials. As there was no information, the family members reached Secunderabad and contacted the police, who showed them the photographs of the deceased taken by the Manchiryal railway police, from which they identified the deceased. The police had buried the dead body as the deceased was not identified by then. The police handed over the belongings and cash to the family members of the deceased. As per the police investigation the deceased accidentally fell down at KM No.284/22C-285/01C on UD line between Raghavapuram and Peddapalli railway stations and died.

3. Respondent railway filed Written Statement contending that the claim is not maintainable either in law or on facts and there is no cause of action for the applicants to file the present claim application. They stated that present case does not fall within the ambit of Sec123(c) or Sec.124-A of the Railways Act, 1989. The Respondent further denied that deceased was a bonafide passenger of Train No.02592 Yashwantpur – Gorakhpur Express of 6.7.2021 and died on account of an untoward incident of accidental fall from said train. They have further put the applicants to strict proof that they are dependants of the deceased. The Respondent has filed the Divisional Railway Manager’s enquiry report contending that on 6.7.2021 at about 10.05 hrs on-duty Trackman, Raghavapuram, Sri Ramindla Sampath noticed an unknown male dead body lying in the middle of UD line track at KM No.284/22C-285/1C in between Raghavapuram and Peddapalli railway stations. Sri D.Ailaiah, HC-224, Ramagundam and Sri G.Thirupathi, RHC- 6, GRP, Ramagundam attended the spot. They did not find anything journey ticket in possession of the deceased and the identity of the deceased could not be established. The Joint Observation and Inquest was conducted. On 13.7.2021 wife of the deceased Smt.Chandravati along with Rakesh Kumar, co-passenger came to GRP, Ramagundam and handed over the journey ticket of the deceased and the co-passenger bearing PNR No. 473- 4236729 Ex.Raichur to Gorakhpur. The ticket was verified and it was found that it was issued in favour of the deceased and Rakesh and was genuine. As per the co-passenger of the deceased he was not aware about the incident and the Train Manager and Loco Pilot of Train No.02592 did not notice any untoward incident nor was there any alarm chain pulling to the train.

4. On the basis of above pleadings, the following issues were framed:-

1. Whether the deceased was a bonafide passenger of the train in question and died as a result of an untoward incident?

2. Whether the incident falls under any of the exceptions to Sec.124-A or not?

3. Whether the Applicant(s) is/are dependent(s) of the deceased?

4. Whether the Applicant(s) is/are entitled to the compensation as claimed? And to what relief?

5. The claim application