BHUBANESWAR ^BE.NCH Case No. OA ^{(llu)/19312019} coram: Hon,bte ^{Sri virendra Kumar Goyat, Member (Judiciat), RcT/BBS} Hon,bte Sri Ajoy ^{Kumar Behera, Member (Technicat), RcT/BBS)}

Date of incident: ^15/0912019 Date of Registration:. ^{77 117/7019} Date of Judgment: ^0510617024 Cl.aim Amount: ^{Rs. 8,00,000/-}

ln the matter of years

1. CHANDRA KANTA DIGAL, aged ^{about 35} Appticants S/o. Late Nanda Digal Z. SWARNA PMBHA ^{DIGAL, aged about 26 years,} D/o. Late Nanda ^Digat Both are residence ^of At: Swarnapatti, Ptot No. 1622, ^Lane-5, near Biju Pattnaik ^{Cottege, Jayadev Vihar,} Bhubaneswar, ^{Distt: Khurdha, Odisha'}

- Versus -

through Union of lndia ^represented Respondent It's GENEML ^{MANAGER, EAST COAST MILWAY} Chandrasekharpur, Bhubaneswar, ^Odisha'

Appearance:

:

For the AppLicants ^{Sri B. Beura, Advocate} For the Respondent ^{: smt. P. Pattnaik, Ld. Addt. Standing counset.}

JUDGEMENT

1. This present cl.aim ^{apptication has been fited by the Appticants (son & daughter} of the deceased) ^{under section 16} of the ^{Raitway Ctaims Tribunat Act, 1987, ctaiming} compensation of ^{Rs.8,00,000/- (Rupees Eight Lakhs) al.ong with 9% interest from the} date of fil,ing ^{from Raitway Administration for death of their mother namety Matati Digat,} W/o. Late Nanda ^{Digat, aLtegedty in an Untoward lncident invotving fatl from a running} train.

r. \

Z, Brief fFcts of the,case: ^{- According to the originat ctaim apptication on the date} of incident i.e. on ^{15t}gt2o1g, the deceased Mal,ati Digat was travetting atong with one} of her retatives namely Matati ^{Sethy from Cuttack to Bhubaneswar Raitway Station by} Rourkela-puri ^{passenger train on the strength of one joint llnd ctass ordinary journey} tickets. lt is averred ^{that during course of journey on the way near Bamikhal over bridge,} Bhubaneswar, ^{the deceased accidentatty fett down from the running train, sustained} injuries on her ^{person and died on the spot. ln this connection, based upon the memo} of SS/Bhubaneswar ^{Raitway Station, the GRPS/Bhubaneswar, has registered a UD case} No. 7612019 and ^{took up investigation into the matter. With regard to ticket it is} submitted that ^{on the date of incident their deceased mother was travetting on the} strength of one ^{val,id journey ticket bearing No. UYB-23828854 dated 1510917019 from} Cuttack to Bhubaneswar ^{raitway station for 2 adutts'}

3. Respondent's !,eplv: ^{- On receipt of notice, the Respondent Raitway appeared} and fited its written ^{statement to the originat ctaim application atong with DRM's} statutory investigation ^{report. ln repty, the Respondent Raitway have strongty denied the} attegations of ^{the Appticants made in the original, ctaim apptication and have hetd that} it ^is a fatse ^{and fabricated case. lt is stated that the atteged incident does not come} under the definition ^{of untoward incident under Section 123(CX2) and 124-A of the} Raitways Act, ^{1989. lt is submitted that as per statement of on duty train Guard of ROU-} PUI passenger, the ^{said train passed through MCS at about 21.5? hours and reached} Bhubaneswar at ^{about 22.02 hours without any detention or jerk but as per statement} of Matati Sethy (co-passenger ^{with the deceased as per OA) the incident had occurred} in between 09.OO ^{to 10.00 hours, which cLearty establ.ished that the deceased had never} travelted with ^{the co-passenger. lt is submitted that there was no eye witness to the} atteged accidentat ^{fatting down of the deceased from the train and during inquest no} journey ticket or any travetting authority ^{was found with the deceased, hence the} deceased was not ^{a bona fide passenger. Under the above observations, the Respondent} Rail.way has ^{prayed for dismissat of the ctaim apptication and that no compensation} shoutd be ^{granted to the Appticants.}

4. Applicant,s Evidence: ^{- ln the evidence the AW 1 i.e. Appticant No. 1,} Chandra Kant Digat, ^{son of the deceased, has fited his own examination in chief on} affidavit atong with ^{attested copies of FlR, memo of SS/Bhubaneswar, inquest report,} dead body chattan, ^{final report} and post ^{mortem report. He was cross} exa