J U D G E M E N T

01. This original claim application has been filed by the parents of Ritik Kumar under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation of Rs. 8 lakhs along with interest from the Respondent Railway for the alleged death of Ritik Kumar (hereinafter called the “deceased”) who alleged died in an untoward incident from the train carrying passengers that occurred on

15.11.2020. Applicants are father and mother of the deceased.

02. Brief facts of the case:

It is stated in the claim application that deceased Hritik Kumar resident of Jharkhand State was doing labour work in hotel at Mumbai. On 13^th November, 2020 deceased Hritik Kumar along with his 5 friends with a view to go Mumbai started his journey from Dhanbad to Jabalpur and Jabalpur to CSMT (Mumbai) after purchasing confirm ERS ticket. They all reached Dhanbad to Jabalpur on 14^th November, 2020 and at Jabalpur they boarded in Garibrath train no. 02187 with confirm ERS ticket 1+5 Coach no. G2, berth no. 62, 63, 65, 66, 67 and 68. When the train reached Dadar Railway Station all 5 persons are deboarded there, except Hritik. When they contacted through mobile, Hritik could not attained his mobile. His friends thought that Hritik would have reached his workplace, they proceeded towards his own work place.

Later on, police reached at place of incident and found a dead body near railway track. Father of deceased was contacted through police by mobile, then they came to know about the said incident. As per claimant deceased was travelling from Jabalpur to CSMT (Mumbai) and during journey hour between Dadar to Parel he accidentally fell down from the running train, got injured and died. Father of the deceased reached Thane police and identified deceased as Hritik. In this regard Police of Dadar registered a U.D. Case No. 28/20 on 15.11.20 which was investigated and concluded as an accidental death from running train. According to applicants his son was travelling holding a valid train journey ticket and during train journey hour he accidentally fell down and died, which is covered under the purview of untoward incident. According to applicants due to Pandemic of Covid-19 and shock and sorrow for the death of his son they could not file claim petition within prescribed time, and later on claim was filed attached with delay condonation application which was allowed by this Tribunal on 13.09.2022. As per claimants they are the parents and dependents of the deceased, hence this claim petition is filed to get compensation.

03. Respondent’s reply: Respondent Railway has filed Written Statement denying its liability and submitted that there is no cause of action for applicants as the case does not fall within the ambit of Section 123 (c) (2) or Section 124-A of the Railway Act, 1989 and further submitted that none is the eye-witness of the accidental death of the deceased. Respondent further submitted that it is not a case of accidental death moreover death of the deceased might be occurred due to his own criminal act and negligence while crossing the railway track and run over and stated that body of the deceased found in two pieces and he was not a bonafide passenger. Respondent requested for dismissal of the claim application.

04. Issues: From the pleadings of the parties, the following issues were framed on 10.11.2022:-

1. Whether this case comes under the jurisdiction of Ranchi Bench?

2. Whether deceased was a bonafide passenger as alleged?

3. Whether any untoward incident as defined under Section 123 (c) (2) of the Railways Act, 1989 happened with Mumbai-Garibrath Train No. 02187 on

15.11.2020 ?

4. Whether the applicant or other dependents of the deceased are entitled to get compensation?

5. Relief.

05. In support of their claim, Applicant No.1, father of the deceased, has filed her affidavit as examination in chief as AW.1 and proved documents, which are filed and exhibited as under. He was cross-examined by the Respondent.

1. Attested copy of Station Mem