JUDGEMENT

This OA has been filed by two Applicants i.e. wife and son of the deceased under section 16 of the Railway Claim Tribunal Act, 1987 read with section 124- A, 125 & 123 (c) (2) of the Railways Act, 1989 for getting compensation from Respondent Railway on account of alleged death of Sh. Gandhi Vasantbhai Shakarlal, age-57 yrs. (hereinafter referred to as ‘deceased’) in an alleged untoward incident during alleged train journey, on the ground that they are the dependents of the deceased.

1. Basic details relating to accident as contained and alleged in the Application:-

a) Date of accident: 10.10.2022 b) Person Deceased: Gandhi Vasantbhai Shakarlal, Aged – 57 years.

c) Relationship of the Applicant Nos. 1 and 2 with the deceased: Wife and Son of the deceased respectively.

d) Train involved and transit details: The deceased was travelling by train no. 22946 - Saurashtra Mail from Surat to Dadar railway station with a valid railway ticket bearing No. 04518255. He started his journey on 09.10.2022 e) Untoward incident narrated: During the course of journey, deceased accidentally fell down from the running train due to sudden jerk and push of the passenger at platform no. 5 of Dadar railway station. He sustained serious injuries on the body and he died during the treatment.

f) Jurisdiction: Applicants are residing at Surat, this Bench of the Tribunal has territorial jurisdiction.

2. Salient features of reply:

a) Averments in reply: One ticket was recovered but Applicants be put to strict proof that deceased was a bonafide passenger and Respondent denied this Untoward Incident and its Liabilities to pay compensation on the ground that deceased tried to de-board running train, so he himself was negligent.

b) Crux of DRM Report: “पपपपपपप पपपपप पपपपप पप पपपपपपपप पपपपप पपपप पप पप, पपपपपप पपपपपप पपपप पप पपपप पपपपपपपपपप पप पपपप पप पपपप OTHERS पपपपपपप पपप GRP/BCT पप पपपपपप पपपपपप पप पपपपपप पपपप पपपप पपपपपपप पप पपपपपप पपपपपप 10.10.2022 पप पपपपप पपपप 22946 पप पपपप पपपपपप पपपपपप पपपपपप पप पपपप पपपप पप पपपपप पपप पपपपपप पपपपपप पप पपपप पपपपपपपपपप प पपपप पप पपप पपपप पपप पपप पपपपप पपप प पपप पप पपपपप पपप पपपप पप पपप पपपप पपप पप पपपपप पप पपपपपप पप पपपप पपप ”

3. The deceased was travelling with a valid ticket which was recovered at the time of Inquest Panchnama and at the time of framing of issues, Respondent did not press such aspects and no issue was framed for bonafide passenger status.

4. From the pleadings, following issues were framed on 05.12.2023.

1. 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?

2. 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?

3. To what Relief?

5. Applicants Evidence and Respondent Evidence: Applicants no. 1 has filled her affidavit as AW/1 and was not cross-examined by Respondent.

6. Description of the documents filed by Applicants certified copies are as under.

Memo - Exh.A/1, Inquest Panchnama - Exh.A/2, Report Senior Police inspector - Exh.A/3, Report Senior Police inspector Registered deceased ADR in register - Exh.A/4, Railway Journey Ticket - Exh.A/5, Post mortem Report - Exh.A/6, Aadhar card of deceased - Exh.A/7, Aadhar card, Pan card and Bank Pass Book of App. No. 1 and 2 - Exh.A/8 to Exh.A/13, Ration card - Exh.A/14, Death Certificate of deceased – Exh.A/15, Death Certificate of Father of deceased - Exh.A/16, Death Certificate of Mother of deceased – Exh.A/17.

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

7. At the time of arguments, the Ld. Counsels for parties argued as under:

Counsel for Respondent has filled speaking order and submitted that Respondent is admitting untoward incident and deceased status as bonafide passenger but Applicants is to prove