BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI Claim Application No: OA (II U) /MCC/82/2024

1. Kalabai Sadashiv Ingle, Age: 73 Years, (Mother of the deceased)

R/at: Buddha Wada, At Post Pimpalgaon Raja, Taluka- Khamgaon, Dist- Buldhana-444 306. ....APPLICANT(S)

Versus Union of India, Through the General Manger, Central Railway, CSMT. … RESPONDENT Appearances:

Mr. N. R. Shukla : Advocate for Claimant Ms. Rupali Nayak : Advocate for Respondent Date of Institution: 27.02.2024 Date of Judgement: 05.05.2025 CORAM: Shri. K. K. Sonawane, Vice Chairman (J)

JUDGEMENT

1. This Claim Application is filed by the applicants u/s. 16 of the Railway Claims Tribunal Act, 1987 r/w. sec. 123 (c)(2) & se c. 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred during the course of working a Railway involving a death of deceased Prashant Sadashiv Ingle.

The factual matrix of the matter in nut-shell is as below:

2. It is stated that, Prashant Sadashiv Ingle, (hereafter referred as deceased) aged 28 years was a resident of Pimpalgaon Raja. He was doing labour work. The Applicant No. 1 is the mother of unmarried deceased Prashant. It has been contended that on 30.08.2022, the deceased Prashant Sadashiv Ingle was travelling by Amrawati Express from Nandura to Kalyan Railway station. When the train was in between Bodwad and Khankhed Railway station the deceased accidentally fell down from the train due to jerk and jostling by the co passenger at Km No. 478/15-17. The deceased was spotted by the track man Amol Balu Baviskar and he informed the concerned staff. The victim was escorted to Rural Hospital for medical treatment. But he was declared dead by the concerned doctor. The Applicants stated that the deceased was in possession of a second class Railway ticket from Nandur to Kalyan Railway Station. However, the ticket was lost in the alleged untoward incident. It has been contented that the deceased was the bona-fide passenger and died in untoward incident occurred on 30.08.2022.

3. In response to notice – Railway Authority appeared and opposed the claim application. The respondent filed written statement and also produced on record the DRM reports pertains to investigation conducted by IPF/RPF/Malkupar accompanied with other relevant police papers marked as “R-1”. It has been contented that on 30.08.2022 at about 23.20 hrs DSCR/BSL CT-Chhotelal informed RPF station Malkapur that a person had fallen from Amravati Express between Bodwad-Kolhadi. On receiving the information, ASI-B.S. Tangar posted on duty informed CT- Santosh Bodke posted in Bodwad section to take stock of situation on the track and also informed SSE/PWI/BDWD Shri. Ankur Gautam to depute his staff along with RPF staff namely CT-Santosh Bodke and PWI/Trackman Pankaj Subhash More of Bodwad Unit No. 05 for searching the UP and DN tracks from KM.No.474/17 Bodwad station to K.M.No. 477/00 towards Kolhadi station. Despite search, no person was seen fallen on the track. But on next day i.e. 31.08.2022 at about 06.04 hrs., the loco pilot of train no. TSWS, Mr. S. K. Nigam HQ-BSL informed, the Dy/SS Bodwad that a person was found lying injured in between the tracks at KM. No. 478/15-17. The necessary information was given to RPF as well as City Police Station Bodwad. The written memo was also issued for further action. The trackmen Pankaj Subhash More, Amol Balu Bawaskar SSE/P-WAY/Unit No.05 and RPF/MKU/HC-R.R. Bourasi attended the spot of incident at KM-478/15-17 and found one person lying in injured condition between the UP and DN tracks. The victim was shifted to a safe place beside the UP side line by the track men. The victim was thereafter, escorted to the Government Rural Hospital, Bodwad for medical treatment. But he was not alive, therefore, the dead body was referred to post-mortem by HC- Ayub Tadvi of City Police Station Bodwad. It was transpired from the statement of mother of the deceased that he was addicted to liquor and as per