jsy nkok U;k;kf/kdj.k t;iqj U;k;ihB RAILWAY CLAIMS TRIBUNAL JAIPUR BENCH No. OA(IIu)/JP/68/2020 CORAM: Mr. Umesh K. Sharma, Hon’ble Member (Judicial)

Ms. Jhanja Taipathy, Hon’ble Member (Technical)

Date of Registration: 19.05.2020 Date of Decision: 30.05.2023

1. Smt. Anjana Meena Wife of late Shri Ashok Kumar Meena, aged about 33 years.

2. Ankesh Kumar Meena Son of late Shri Ashok Kumar Meena, aged about 1.5 months.

3. Anjali Meena Daughter of late Shri Ashok Kumar Meena, aged about 1.5 months.

4. Ram Pal Meena Father of late Shri Ashok Kumar Meena, aged about 56 years.

5. Smt. Ravadi Devi Wife of Shri Ram Pal Meena, Mother of Late Shri Ashok Kumar Meena, aged about 54 years.

(Applicants No. 2 and 3 being minor, hence through their natural guardian and mother Smt. Anjana Meena)

All residents of:

State Ware House, Meena Colony, Dausa (Rajasthan) …Applicants Versus Union of India, Through General Manager, North Western Railway, Jaipur. ….Respondent Appearances: Mr. Rajesh Panda, Ld. Counsel for the applicant.

Mr. Vivek Choudhary, Ld. Counsel for the respondent.

JUDGMENT By Umesh Kumar Sharma Member (Judicial)

1. The claim application was preferred before this Tribunal by the applicants, being the only dependents, under Section 16 of the Railways Claims Tribunal Act, 1987 read with Section 125 of the Railways Act, 1986 claiming compensation of Rs. 8,00,000/- along with interest at the rate of 18% p.a. from the date of accident till the date of payment on account of death of Ashok Kumar Meena in an alleged untoward incident.

2. The brief facts of the case are that on 20.01.2020, Ashok Kumar Meena (herein after referred to as 'the deceased'), on the strength of a valid Monthly Superfast Season Ticket No. UDA-59024631, boarded in Second Class compartment of Jaipur-Prayagraj Express (12404) for going Dausa Railway Station from Gandhinagar (Jaipur) Railway Station. While boarding, due to sudden loss of balance, the deceased fell down from the train and sustained serious injuries and as a result he died on the spot. On receiving the information, GRP and RPF reached on the spot and during the search, Identity Card of Indian Metrological Department and Monthly Season Ticket were recovered from the deceased. The family members of the deceased after getting information also reached at the place of incident. The police after completion of certain mandatory formalities including post-mortem handed over the dead body to Sh. Rampratap, the uncle of the deceased and other family members for last rites.

3. To substantiate their claim, the applicants have filed along with the claim application, the certified copies of Identity Card of Indian Metrological Department, MST, Roznamcha, Mrag Report, Fard Naksha Mauka, Fard Panchayatnama, Fard jabti, Post-mortem Report, Fard Supurdagi Laash, statements of Anjana Meena, Ram Pal Meena, Ravadi Devi, Vandana Meena, Marriage Certificate, Birth Certificates, true copies of Adhaar Cards, Family Ration Card and Bank Details.

4. On receipt of the notice, the respondent Railway Administration appeared before the Tribunal and filed written statement along with the original DRM’s Report along with the documents. The respondent denied the averments made by the applicants in the claim application and stated that the applicants have filed this claim application to take undue monetary benefits. The deceased was not a bonafide passenger of the said train because there was no photo identity card was recovered with the MST card and according to Railway Rules 242 III, it is mandatory to present the both at a time otherwise the passenger will not be considered as a bonafide passenger. Further, he said that according to the Investigation Report, the deceased was trying to board a moving train due to which he fell down and died on the spot. There is no eyewitness to the incident. The respondent also pleaded that the monthly seasonal ticket is from Jaipur to Dausa, therefore the deceased should have started his journey from Jaipur and not fr