J U D G E M E N T

01. This original claim application has been filed by applicants under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation of Rs.8 lakhs along with interest from respondent railway for the death of Lakshmi Yadav alias Laxmi Yadav (herein after referred to as the deceased) who allegedly died in an untoward incident from the train carrying passengers that occurred on

05.01.2019. Applicants are wife, children and parents of the deceased.

02. Brief facts of the case:

It has been pleaded in the OA that on 05.01.2019 the deceased Lakshmi Yadav alias Laxmi Yadav after purchasing a 2^nd class superfast express ticket bearing No.96083474 from Dehri-on-sone to Surat boarded in general bogie of Train No.12321 UP Howrah-Mumbai Express at Dehri-on-Sone with a view to go to Surat via Bhusaval along with a co-villager Krishna Yadav. Both were going Surat for labour work by separate ticket. There was heavy rush of the passengers in the said bogie of the train who were going to Allahabad via Chheoki Jn. for earnings on the occasion of shortly coming Kumbh Mela at Allahabad, the deceased and his co-passenger were compelled to stand near the gate inside the bogie, where the intense jostling amongst the passengers was going on. In the meantime while the train was moving on the bridge of Mounia Vigha Mayuri Canal, the deceased accidentally fell down between KM No.555/29-31 due to jostling of passengers. As a result, deceased sustained serious injuries and died on the spot. After getting information from the co-passenger about the incident, the father of the deceased Ram Bilas Yadav alias Rambilash Yadav reached at Rail P.P.Dehri-on-sone along with family members and identified the deceased as that of his son Lakshmi Yadav alias Laxmi Yadav. He also received the dead body of the deceased for cremation after inquest and post-mortem. On the basis of the application of father of the deceased a UD Case No.01/19 was registered by Rail P.P. Dehri-on-Sone on 05.01.2019. Being dependent of deceased, applicants have filed this claim petition.

03. Respondent’s reply: The respondent have filed the Written Statement along with DRM’s report. In the written statement respondent have contended that averment written in claim application, as alleged, is not admitted, and denied. Further respondent have denied its liability, bonafide passenger status and untoward incident. As per written statement, there is no eye witness to prove the accidental fall of the deceased, and entire story is concocted and fabricated. Further stated that instant case does not come under the purview of untoward incident as defined under Section 123 (c) (2) read with Section 124-A of the Railways Act. Moreover, Para:7 of the claim application regarding availability of ticket is not admitted. The applicants must produce the Railway journey ticket to prove that the deceased was a bonafide passenger. The respondent further prayed that the claim application must be dismissed.

04. Issues: From the pleadings of the parties, the following issues were framed on 17.03.2021:-

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

2. Whether Lakshmi Yadav alias Laxmi Yadav was a bonafide passenger?

3. Whether any Train accident as defined under Section 123 (c) (2) of the Railway Act, 1989 happened on Howrah-Mumbai Express Train No.12321 UP on 05.01.2019 ?

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, wife of the deceased has filed her affidavit as examination in chief as AW(1) and proved the following documents which are exhibited as under. She was cross-examined by the Respondent.

(1) Photo copy of journey ticket No.96083474 dated:05.01.2019 - Ext.A1 (2) Photo copy of Station Memo dated:05.01.2019 - Ext.A2 (3) Photo copy of application of Ram Bilas Yadav alias Rambilash Yadav dated:05.01.2019 - Ext.A3 (4) Photo copy of Inquest Report dated:05.01.2019 - Ext.