JUDGMENT

The case in hand has been preferred before this Tribunal by the applicants under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 125 of the Railways Act, 1989 seeking compensation of Rs. 8,00,000/- together with interest on account of death of Ishak Khan s/o Babu Khan (then after referred as deceased)in an alleged untoward incident during alleged train journey.

2. In brief, it has been averred in the claim application that, on 05.05.2022, the deceased was travelling from Surat to Mathura by train No.12909 Hazrat Nizamuddin Garib Rath SF Express, holding valid and proper Railway travelling ticket bearing PNR No.8151774185.On 06.05.2022 when the said train was running near KM. No.563/14, between Anas & Meghnagar Railway stations, due to sudden jerk he accidentally fallen down from the said running train. The train waiter pulled the chain and train stopped. Due this incident he sustained grievous injuries and died on the spot. The 108 ambulance took him to CHC-Dahod.

3. To establish the claim, the applicants have placed on record certified copy of Railway ticket, Memo, Vardhi, Inquest Panchnama, Panchnama of place of incident, Naksha Panchnama, Police Report for PM, PM Report, PM Report, Ration Card, Aadhar Cards of applicant No.1 to 5, Birth Certificate of applicant No.2 & 3, PAN Cards of applicant No.1 to 5 and Bank Pass Books of applicant No.1 to 5.

4. On receipt of notice, the respondent railway administration filed its written statement along with the original DRM’s Report in which the Respondent denied all the averments made in the claim application. The Respondent denied bonafide passenger status on the ground that ticket was in in waiting list. The Station Superintendent-Dahod issued memo of runover. The deceased died due to his own negligence. It has been pleaded on behalf of the Respondent that the deceased fell down from the running train while he was travelling by standing on the foot board of the compartment of running train. Hence, the alleged incident is covered under clause (b) to the proviso to Section 124-A of Railways Act, 1989. On the basis of these and other pleas, dismissal of the claim application has been sought by the respondent.

5. Based upon the pleadings of the parties and material made available on record, the following issues were framed:

ISSUES

1. Whether deceased was travelling on a valid railway journey ticket and was a bonafide passenger of the train in question at the relevant time ?

2. Whether the deceased met with an untoward incident due to fall from passenger carrying train, suffered injuries and died as a result thereof and the present case is covered under the definition of Section 123 (c)(2) of the Railways Act, 1989 ?

3. Whether the applicants are the sole dependents of the deceased and are entitled to compensation as claimed, as per Section 123 (b) of the Railways Act, 1989?

4. To what Relief ?

6. So as to lead evidence, applicant No.1 has filed her own examination-in- chief as AW-1 and got the documents exhibited as A/1 to A/26. AW-1 was cross-examined by counsel for the Respondent on 20.11.2023.

7. Respondent has opted to not to adduce any oral evidence but has relied upon its DRM Report & Documents next thereof.

At the time of final hearings Ld. Counsel for the parties argued as under:

“Counsel for the applicants submitted that the deceased was travelling holding with PNR ticket and died on the spot, due to accidentally fell down from the running train. Counsel for the Respondent submitted that the deceased was travelling with PNR ticket which was in waiting list.

This Tribunal put a query that whether the deceased cancelled the said ticket and get refund, Counsel for the Respondent fairly admitted that the deceased neither cancelled the ticket nor get any refund against the said ticket.”

FINDINGS

8. We have carefully gone through the pleadings of the parties, material made available on record evidence adduced on behalf of applicants and heard the arguments advanced on