JUDGEMENT

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 Dipak Turi (herein after referred to as the deceased) who allegedly died in an untoward incident from the train carrying passengers that occurred in midnight on 23.6.2022. Applicants are wife and mother of the deceased.

02. Brief facts of the case:

It has been pleaded in the OA that on 23.6.2022 the deceased Dipak Turi was travelling by Nandan Kanan Express Train No.12816 along with his younger brother Chhotu Turi after purchasing a valid 2^nd class railway tickets bearing No.07672883 (Deceased ticket) and 07672884 (Brother’s ticket) from Kanpur Central to Parasnath with a view to meet his father who was ill seriously. (His father also died on 25.6.2022). On 23/24.6.2022 night they were standing near the gate to alight from the train at his destination Parasnath station, the deceased, due to sudden jerk and overcrowded pressure of passengers, fell down from the said train at Parasnath station, went under the wheels of the train and died on the spot. On the basis of the fardbayan of Chhotu Turi, younger brother and co- passenger with deceased a UD Case No.13/22 was registered by GRP/Gomoh on 24.6.2022. Being dependents of deceased, applicants have filed this claim petition.

03. Respondent’s reply: The respondents have filed the Written Statement along with DRM’s report. In the written statement respondent have denied its liability, bonafide passenger status and untoward incident. It has been contended that the deceased was not a bonafide passenger of the Nandan Kanan Express Train NO.12816 and therefore applicants are put to strict proof of the same. It has been also submitted that there is absolutely no cogent evidence for the alleged accidental fall from Train. There is no possibility to fall accidentally from running train in mid-section unless the deceased travelled near the doorway of compartment without taking proper care. The cause of incident might be due to various reasons for which no evidence is on record. Hence, the injury in the case can be other than accidental fall from the train.

In view of the submissions above, it is not a case of Untoward Incident of accidental fall from train and hence the application is not maintainable in law before this Hon’ble Tribunal and must be dismissed, as the deceased was himself getting down from the running train.

04. Issues: From the pleadings of the parties, the following issues were framed on 25.8.2023:-

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

2. Whether Dipak Turi was a bonafide passenger as alleged?

3. Whether the deceased had died due to alleged Untoward Incident as defined under Section 123 (c)(2) of the Railways Act while travelling by Nandan Kanan Express Train No.12816on24.6.2022?

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 for examination in chief as AW(1) and Choti Turi, younger brother of the deceased has filed his affidavit for examination in chief as AW(2) and proved the following documents which are exhibited as under. They were cross-examined by the Respondent.

1) Attested photo copy of Station Memo - Ext.A1 2) Original journey tickets - Ext.A2 3) Attested photo copy of Fardbayan - Ext.A3 4) Attested photo copy of FIR - Ext.A4 5) Attested photo copy of Inquest Report - Ext.A5 6) Attested photo copy of Final Report - Ext.A6 7) Attested photo copy of Dead body challan - Ext.A7 8) Attested photo copy of post-mortem report - Ext.A8 9) Photo copy of Aadhar Card of Darshani Devi - Ext.A9

10) Photo copy of Aadhar Card of Bijali Kumari - Ext.A9/1 11) Photo copy of Aadhar Card of Dipak Turi - Ext.A9/2 12) Photo copy of Bank particulars of Darshani Devi - Ext.A10

13) Attested photo co