रल॓ दावाअ(cid:8)धकरण,कोलकाता(cid:14)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA BENCH Coram :: Shri Rajeev Jain, Hon’ble Member (Judicial)/RCT/Kolkata.

Claim Application No.OA(IIu)/KOL/2018/0159 Application filed on 10.8.2018 & registered on 21.8.2018 &

Decided on 22.06.2023.

1. Parbati Mal, W/o late Bechu Mal & M/o late Ujjal Mal.

Address:

Vill: Dakshin Khalna, Post – Khalna, P.S: Joypur, Dist: Howrah, Pin Code – 711 413 West Bengal.

…. Applicant.

-VS-

Union of India represented through The General Manager, South Eastern Railway, Kolkata. …… Respondent Value of claim : Rs.8,00,000/-.

Recorded Advocate: Shri R.K. Mishra, Ld. Counsel for the applicant.

Shri S. Bera, Ld. Counsel for the Respondent.

(cid:19)नण॔य J U D G E M E N T The instant claim petition has been filed under Section – 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs.8,00,000/- along with cost and interest by the applicant for herself as sole dependant for the death of her unmarried son, Ujjal Mal. It has been stated in the claim application that on 17.09.2016 in the evening, her son, Ujjal Mal was returning home at Bagnan from his workplace at Dasnagar with valid railway ticket. During the course of the journey, her son accidentally fell down from the running train between Uluberia and Birshibpur Railway Stations and died on the spot. Initially the claim petition was filed delayed. The applicant filed a condonation petition which was allowed by the Bench of this Tribunal vide Order No.7 dated

18.6.2019.

Contd.……/2.

2. The respondent, South Eastern Railway has contested the case filing written statement whereby they have denied almost all the material averments made in the claim application. In the ‘WS’ it has contended that neither the victim was a bona fide railway passenger nor the incident, as alleged, is an ‘untoward incident’. It has finally prayed for dismissal of the case.

3. Upon pleadings of the parties, following issues were framed on 27.08.2019 :-

1) Was the victim a bona fide passenger having a valid railway ticket for his journey, as claimed ?

2) Whether the victim died in an “untoward incident”, as defined U/s 123©(2) of the Railways Act, 1989 ?

3) Whether the applicant is the dependant of the victim and whether the applicant is entitled to get compensation as per the provisions of ‘untoward incident’, as prayed for ?

4) To what other relief, if any, is the applicant entitled ?

4. To establish her case, the applicant, Parbati Mal has affirmed an affidavit and produced herself as witness (AW/1). No other witness has been produced by the applicant. On behalf of the applicant, the documents produced and marked as – (1) Aadhaar Card of Parbati Mal (Exhibit – A/1), (2) Voter I/Card of Ujjal Mal (Exhibit – A/2), (3) Death Certificate of Ujjal Mal (Exhibit – A/3) and (4) P.M. Report (Exhibit – A/4). Further during the course of the proceedings, on behalf of the applicant, certain documents have been furnished which were marked as – (1) FIR (Exhibit A/5), (2) Investigation Report (Exhibit A/6), Railway Journey Ticket bearing no.08644396 dated

17.9.2016 (Exhibit A/7) and (4) Final Police Report (Exhibit A/8).

5. The respondent railway has not adduced any oral evidence and has filed DRM’s Report with Annexures which is marked as Exhibit – R/1 (collectively).

कारणोसं िहतिनण॔य DECISION WITH REASONS Issue No. 1 :-

6. The applicant in the claim petition as well as in her affidavit has affirmed that on 17.9.2016, her son, Ujjal Mal, since deceased was travelling from Dasnagar to Bagnan by local train with valid journey ticket and the said ticket has been seized by Uluberia GRPS. In support of her Contd.……/3.

contention, the applicant has filed certified copy of a railway ticket bearing nos. 08644396 dated 17.9.2016 Ex. Dasnagar to Bagnan (Exhibit A/7). During cross-examination, the applicant (AW/1) has stated that her son was having journey ticket which has been lying at GRP office. Recovery of the ticket bearing no. 08644396 dated 17.9.2016 Ex. Da