JUDGEMENT

This OA has been filed by seven Applicants i.e. wife, son and married daughter 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. Sakharam Bhaidas Patil, age- 60 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: 10.03.2021 b) Person Deceased: Sakharam Bhaidas Patil, Age – 60 years.

c) Relationship of the Applicant Nos. 1 to 3 with the deceased: Wife, Son and Daughter of the deceased respectively.

d) Train involved and transit details: Travelling by Nandurbar passenger train from Udhna to Nandurbar railway station as a bonafide passenger with Railway Ticket no. W- 18465442.

e) Untoward incident narrated: The deceased was standing near the entrance gate of the boggy. As the train started from Udhna railway station, due to all of a sudden jerk and jolt of the said train, the deceased lost his balance accidentally fell down from the running train at platform no. 3 of Udhna railway station and sustained serious injuries on his both leg and send to New civil hospital and he died during the treatment.

f) Jurisdiction: Place of incident was at Udhna railway station, this Bench of the Tribunal has territorial jurisdiction.

2. Salient features of reply:

a) Averments in reply: The deceased was not a bonafide passenger and Respondent denied this Untoward Incident and its Liabilities to pay compensation.

b) Crux of DRM Report: According to the documents of GRP/Udhna and statement of on duty Guard it is clear that deceased was trying to de-board the running train and as a result he fell down between platform and train. On duty Guard applied emergency break to stop train and he is an eye-witness of this incident. GRP recovered a ticket no. W- 18465442 from Udhna to Nandurbar of 02 passengers. CCTV was available at the place of incident and it has been enclosed.

3. From the pleadings, following issues were framed on 17.06.2022.

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?

4. Applicants Evidence and Respondent Evidence: Applicants no. 1 has filled her affidavit as AW/1 and was cross-examined on 20.03.2023.

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

Telephonic Vardhi - Exh.A/1, Panchnama of Place of Incident - Exh.A/2, Inquest Panchnama - Exh.A/3, Post Mortem Report - Exh.A/4, Railway Journey Ticket - Exh.A/5, Aadhar card of App. No. 1,2 and 3 - Exh.A/6 to Exh.A/8, Bank Pass Book of App. No. 1,2 and 3 - Exh.A/9 to Exh.A/11.

a. The Respondent Railway administration adduced documentary evidence as the DRM report and filed examination-in-chief on affidavit of Sh. Priyesh Singh S/o Sh. Vijay Kumar Singh, Service as a Train Manager at Surat railway station as RW/1 and Respondent filled a citified copies as Exh.R/1 . The Applicants cross examined him on 13.06.2023.

5. At the time of arguments, in the presence of the Ld. Counsels for parties the following preceding took place:

With the concurrence of both the side, case is taken up for final hearing.

During the course of arguments Counsel for Applicants submitted that deceased was travelling aling with his wife and during course of boarding train at Udhna railway station