Judgment

This claim application has been preferred before this Tribunal by son of the deceased being dependent under Section 16 of RCT Act, 1987 read with sec. 124-A, 125 and 123 (c) (2) of the Railways Act, 1989 seeking compensation of Rs. 8,00,000/- together with interest on account of death of Mafaji Mohanji Thakor, aged about 73 years (hereinafter referred to as ‘deceased’) in an alleged untoward incident.

2. Briefly stated the facts of the case in claim application are that the deceased, after visiting his sister’s house, on 03-04.09.2018 wanted to return from Mehsana to Ahmedabad by travelling in general compartment of a train. Hence, on 03-04.09.2018 he reached at Mehsana station and purchased a valid Railway ticket and paid the fare. He thereafter, accidentally fell down at the platform no.6 of Mehsana station. Due to which he sustained multiple grievous injuries on different parts of his body and died on the spot. In these consequences, the Applicant being dependent is entitled to compensation.

3. The Respondent Railway Administration contested that the deceased was not a bonafide passenger as no ticket was recovered from the possession of the deceased. Furthermore, the deceased came to Railway premises due to some reason but there was no Railway line on platform no. 06 hence, there was no movement of any train from there, so it is not possible for the deceased to die by falling or run over by a train. As well as, as per Post mortem report cause of death is head injury associated with chronic lungs, liver and spleen diseases. Hence, the incident does not fall within the ambit of untoward incident and the claim be dismissed with costs.

4. Based upon the pleadings of the parties and material made available on record, the following issues were framed on 18.06.2021.

ISSUES:

1. Whether deceased was travelling on a valid Railway journey ticket and was a bonafide passenger of the train in question at 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 applicant is sole dependent of the deceased and is entitled to compensation as claimed, as per Section 123 (b) of the Railways Act, 1989?

4. Relief?

5. Applicant’s Evidence: The Applicant Arjunji Mafaji Thakor has filed his own examination-in-chief on affidavit as AW/1 and he was cross examined on 27.08.2021 as under:

“This incident occurred on 03/04.09.2018. My father was returning from Mehsana to Ahmedabad after visiting his sister at Mehsana. I do not know where and how he fell down. I got information form police about this incident at about 10 hours in the morning on 04.09.2018. Police called me at Civil Hospital for PM. My father was doing labour work and he went to Mehsana at his sister’s house. On 03.09.2018 in the evening my father called me and informed me that I purchased the ticket from Mehsana to Ahmedabad and awaiting for the arrival of the train and will reach in the night at Ahmedabad. Police took my signature on Hindi written papers and I have just signed only and I do not understand the Hindi language and what is written on that I do not know. No one read over the facts stated in the statement to me. I am doing labour work in chemical factory. I do not have any brother or sister and my mother died long ago before the incident.”

6. Respondent Evidence: The Respondent Railway administration adduced by way of an affidavit of Sh. Mahavirprasad Saini S/o Sh. Ramswaroop Saini, SIPF (RPF) Katosan Raod station, as RW/1. In the affidavit he stated: that he was on duty as a SIPF at Mehsana station on 04.09.2018 in 08 to 20 hrs. shift; that at about 11;30 hrs., he received a message that a dead body lying between platform no. 05 & 06 at Ahmedabad end; that he immediately reached at the place where Sh. Rajeshkumar, RPF constable and GRP staff already present; th