BEFORE THE RAILWAY CLAIMS TRIBUNAL MUMBAI BENCH, MUMBAI , Claim Application No: OA (IIU)/MCC/0415/2016

1. Smt Savita Shrirang Nalage Age: 37 Years, (Wife of the deceased)

2. Shri Pandurang Baba Nalage Age: 69 Years, (Father of the deceased) …… (Name deleted being dead)

3. Miss Ashwini Shrirang Nalage Age: 17 years, (Daughter of the deceased)

4. Master Mahesh Shrirang Nalage Age: 16 years, (Son of the deceased)

Room No. 1148, BLDG No.3, P M G Colony, Mankhurd, Mumbai-400043. … APPLICANTS Versus Union of India, Through the General Manager, Central Railway, CST, Mumbai. … RESPONDENT Appearances:

Shri. Vaneet Khosla : Advocate for Claimant Shri. P H More : Advocate for Respondent Date of Institution: 06-05-2016 Date of Judgment: 09-10-2024 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) & sec. 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred during the course o f working a ROaAi l(wIIUa)y/ MinCvC/o0l4v1in5/g2 016 a death of deceased Shrirang Pandurang Nalage.

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

2. It is stated that, Shrirang Pandurang Nalage, (hereafter referred as deceased), aged 45 years, was the resident of Mukam, Post- Banavadi, Talka- Koregaon, Dist- Satara, Maharashtra. He was doing Service. The Applicant No. 1 is the widow of Shrirang. The Applicants No. 3 is his daughter and Applicant No.4 was the Son of deceased. The Applicant No.2 father of the deceased died pending application, therefore his name is deleted from array of Applicants being dead. On 28-08-2015, the deceased while travelling from Kalyan to Kasara Railway Station by local train, accidently fell down from the train between Vasind and Asangaon Railway Station. The Applicants stated that the deceased was in possession of a second class ticket for traveling from Kalyan of Kasara Railway Station. The ticket was purchased in the presence of friend of the deceased, but, the said railway ticket was lost in an untoward incident.

3. In response to notice, – the Railway Authority appeared and opposed the claim application. The respondent filed written statement and also produced on record the DRM report pertains to investigation conducted by IPF/RPF/KSRA accompanied with other relevant police papers. It has been contented that On 28.08.2015 Dy. SS/Vasind about 22.35 Hrs. issued a memo to on duty GRP/KYN and communi cated that hOeA (IIrUe)c/eMivCeC/d0 41t5h/e2 016 information from Loco-pilot of 2109 Dn that one unknown person fallen down at K M No. and sustained crush injuries on his right hand with other injury. On receipt of

80/26 memo the GRP/KYN PC-1336 Shri Ugle attended the spot. He saw the victim lying in injured condition He send the victim to Primary Health Care Unit Vasind. The on duty doctor examined and declared him dead. The Inquest Panchanama was drawn and the dead body was sent for postmortem. The GRP/KYN registered the case vide ADR No-301/2015 u/s 174 Cr. pc. The report of Inspector/RPF/KSRA, revealed that the GRP/KYN did not mention about recovery of railway ticket or pass from the deceased. Hence prima-facie the victim cannot be considered as a bonafide passenger. As per the report of GRP/KYN the above victim was hit by unknown train while crossing Rly. track, in negligent manner, which is an offence punishable u/s 137,147 of Railway Act. As such the applicant cannot be compensated for the alleged death of victim Shrirang.

4. In view of pleading of both the parties, and relevant documents produced on record, this Tribunal framed the following issues for just and proper adjudication of the Claim Application on merit within ambit of law.