BEFORE THE RAILWAY CLAIMS TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH CORAM: HON’BLE MEMBER (JUDICIAL) SHRI LABH SINGH Case No. OA-II-u/CDG/57/2019 Date of Institution: 26.02.2019 Reserved on: 17.11.2023 Date of decision: 27.12.2023

1. Jai Bhagwan, aged 44 years, s/o Sh. Pratap, 2. Manjeet, aged 43 years, w/o Sh. Jai Bhagwan Both residents of Village Gadwali, P.S Julana, Tehsil Julana, District Jind, Haryana.

----Applicants Versus Union of India through General Manager, Northern Railway, Baroda House, New Delhi.

----Respondent -----

CLAIM FOR AMOUNT OF RS. 10,00,000/-

Present:

For the applicant: Ms. Ashima Sood, Learned Advocate For the respondent: Ms. Savita Saxena Learned Advocate

JUDGMENT

1. The present claim application has been filed by the applicants under Section 16 of The Railway Claims Tribunal Act, 1987 read with Section 124-A of the Railways Act, 1989 seeking compensation to the tune of Rs. 10,00,000/- (Rupees Ten lakhs only) from the respondent railway on account of the death of one Shri Vishal (hereinafter to be referred as ‘the deceased’)

in an untoward incident, which occurred while travelling by the train.

2. Briefly stated, the facts of the case are that on

25.3.2018, the Station Master, Railway Station, Jind issued a memo to the SHO/GRP Jind, mentioning therein that as reported by Pointsman Shri Baljit Kumar, one dead body lying on Up Line of Jai Jai Wanti Railway Station yard near Up starter 1 & 2 out of track and requested to take necessary action. The GRP personnel, on receipt of information, reached the place of incident and initiated the proceedings under Section 174 Cr.P.C. On completion of the inquest proceedings, the dead body was sent to the Civil Hospital, Jind for post-mortem examination and thereafter, the same was handed over to the family members for performing last rites of the deceased.

3. The case of the applicants is that on 24.3.2018, the deceased, aged 15 years and a student, had gone to meet his aunt (Mausi) at Rohtak after purchasing the journey ticket from J.J.Wanti railway station for Rohtak. After meeting his aunt, in the evening, he was returning from Rohtak to his village for which he was having a valid journey ticket to travel from Rohtak to J.J.Wanti railway station. The deceased had telephonically informed his father that he had been dropped at the railway station Rohtak by Kuldeep, son of his aunt and he had boarded Delhi Jind passenger train which was running late by three hours. Accordingly, the father of the deceased was waiting for him at railway station J.J.Wanti. It is further in the claim application that at about 11.00 p.m., the said train passed through J.J.Wanti railway station after dropping the passengers, but when the deceased did not de-board the train, his father tried to call at the mobile number of the deceased but there was no response. Thereafter, the father of the deceased called his relatives and they searched for him at railway station Jind, but in vain. Thereafter, they came to J.J.Wanti railway station and came to know from the railway employees that a dead body was lying at J.J.Wanti railway station. On seeing the dead body, they identified the same to be that of the deceased Vishal. It is further in the claim application that during the police proceedings, the railway journey ticket and other articles were recovered from the person of the deceased. Thus, terming the incident as an untoward incident, the applicants, who are parents of the deceased, are before the Tribunal seeking compensation for the death of the deceased in the said untoward incident.

4. Respondent Railway appeared in pursuance of the notice issued by this Tribunal and filed its written statement along with the statutory report of DRM. In the written statement filed, by way of preliminary objections, it is replied that the present claim application is not maintainable and deserves to be dismissed as no such alleged incident within the meaning of Section 124-A of the Railways Act 1989 causing death of