JUDGEMENT

2) It is the case of applicant that on 16.10.2018 the deceased was travelling from Wardha to Nagpur by an unknown train as a bonafide passenger but at the time of his railway journey he fell down from the running train in the area of railway station Khapri Km no. 824/14 and died on the spot. It is also alleged by the applicants in the claim application that the ticket of the deceased was lost during the said incident.

1. Whether Applicants are the dependents of the deceased within the meaning of Section 123 (b) of the Railway Act?

3. Whether the death of the deceased had occurred as a result of an untoward incident as alleged in the claim application within the meaning of Section 124-A r/w 123 (c) of the Railway Act?

Discussion on the issues with reasoning:

5) Both these issues being inter-connected are being taken up together for discussion and decision.

Section 124-A of The Railways Act, 1989 (for short, ‘the Act’) entitles a ‘passenger’ to claim compensation, who has been injured or the dependents of the deceased, who has been killed in an