JUDGMENT

Deepak Nath Tiwari Member Judicial

1.This is an application filed by the Applicants (dependents of the deceased)

under section 16 of the Railway Claims Tribunal Act, 1987 against the Respondent Railway administration seeking compensation for the death of Late Banti Sardar urf Satpal Singh S/o Kan Singh (hereinafter referred to as “the deceased”), who allegedly died in an untoward incident. The applicants, who have filed this OA originally, are said to be the parents of the deceased. Later on applicant no 2 died and the name of legal representatives were substituted.

CASE OF APPLICANTs

2. The applicants have sought compensation related to an untoward incident defined u/s 123(c) (2) of the Railways Act, 1989. According to their pleadings mentioned in the instant OA, the deceased, Banty Sardar alias Satpal Singh, had purchased a second-class express ticket from Lucknow to Basti to visit the home of his sister, Satnam Kaur, wife of Jasvir Singh, a resident of Gandhi Nagar, Basti. He boarded a passenger train and started travelling. During the night of 10/11 March 2018, when the train was passing through Babhnan station, Kilometer Number 598/9-8, District Basti, the deceased, while returning to his seat after using the wash room, fell off the train due to a sudden jerk caused by the train and the push from the crowded passengers. As a result, he suffered extremely severe and fatal injuries in the natural course of events. Due to the injuries sustained in this unforeseen incident, he succumbed to his injuries and passed away. It has been stated that rail ticket purchased by the deceased was lost during incident.

2.1 The applicants have sought a compensation amount to the tune of Rs.

8,00000/- along with interest.

2.2 The applicant Sh. Devendra has filed his own examination in chief on affidavit. He appeared before this Tribunal for cross examination. He was cross examined and discharged. He has proved i.e., Adhar Card, Memo, Nakal Rapat, Panchnama, Post mortem report, Stateman of Gateman, Investigation report, Nakal Rapat Wapsi and Pariwar register as evidence which have been filed by applicant as Ext. A1 to A9. CASE OF RESPONDENT

3. Notice regarding the claim application was issued against the respondent. Learned counsel for respondent responded by submitting a written statement along with (a) DRM’s report, signed on 20.09.2018 (b) Check list (c) Station diary (d) Statement of Station Master (e) Statement of gateman (f) Statement of Constable (g) Statement of Kan Singh (h) Panchayatnam and Post mortem report (i) Form No. 1 and Form No. 2 (j) Conclusion of investigation report.

4. The case of the respondent is that the deceased was not a passenger of train and he was run over while crossing the rail tracks, therefore the incident does not come within ambit of untoward incident defied u/s 123 ( c) (2) Railways Act.

ISSUES

5. On 18.10.2021, the following issues were framed in terms of Rule 21 of Railway Claims Tribunal (Procedure) Rules 1989;

1- Whether the deceased was a bonafide passenger of the train ?

2- Whether the deceased died in an untoward incident?

3- Whether the applicants are the dependents of the deceased?

4- Relief ?

FINDINGS

6. Let us quote the provision of section 123(c) (2) of the Railways Act, 1989, which reads as “ Untoward incident” means “The accidental falling of any passenger from a train carrying passenger.”

From the above provision, it is clear that three ingredients are necessary to prove Untoward incident” i.e., (a) Injured/deceased must be a passenger in terms of section 2 (29) (b) There must be accidental falling from train (c) Train from which, such accidental falling occurred, must be passenger carrying train.

7. Now the issue no 1 and 2 i.e., Whether the deceased was a bonafide passenger of the train? and Whether the deceased died in an untoward incident?

It is case of applicants that the deceased, Banty Sardar alias Satpal Singh, had purchased a second-class express ticket from Lucknow to Basti to visit the home