BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI Claim Application No: OA (II U) /MCC/2017/0739

1. Premchand Rammurat Gupta Age: 52 years, (Father of the deceased)

2. Savitri Premchand Gupta Age: 46 years, (Mother of the deceased)

3. Anish Premchand Gupta Age: 14 years, (Brother of the deceased)

4. Poonam Premchand Gupta Age: 14 years, (Sister of the deceased)

R/at: Room no. - 3, Sai Jyoti Chawl, J.B. S. School, Mahadev Nagar, Alkapuri, Nallasopara (E) 401209, Taluka - Vasai District - Palghar, Maharashtra.

… APPLICANT(s)

Versus Union of India, Through the General Manager, Western Railway, CCG, Mumbai.

… RESPONDENT Appearances:

Mr. Ashok Gupta : Advocate for Claimant Ms. Malini Rai : Advocate for Respondent Date of Institution: 06.10.2017 Date of Judgement: 26.06.2025 CORAM: Shri. Mohit Sinha, Member (T) RCT, Mumbai JUDGEMENT

1. This Claim Application is filed by the applicant 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 of working Railway involving a death of deceased Amit Premchand Gupta .

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

2. It is stated in the claim application that, Amit Premchand Gupta, (hereafter referred as deceased), aged 18 years, resident of Nallasopara. The Applicant No. 1 & 2 are parents of the deceased and Applicant No. 3 & 4 are minor siblings of the deceased. On 10.10.2016 the deceased was travelling from Virar to Nallasopara Railway Station by local train. When the train was running in between Virar and Nallasopara railway station, due to rush and push by the co- passengers the deceased accidentally fell down from the train and died on the spot. The Applicant stated that the deceased was in possession of a second class ticket. The ticket was purchased by the deceased in presence of friend Sumit Harkesh Singh however, it was lost post incident. It has been contented that the deceased was the bona-fide passenger and died in untoward incident occurred on

10.10.2016.

3. In response to notice,–Railway Authority appeared and opposed the claim application. The Respondent filed Written Statement and also produced on record the DRM report accompanied with other relevant police papers marked as “R-1”. It has been contented that GRP has not mentioned about recovery of a Railway ticket from the possession of victim. As per documents received from GRP the deceased fell down from an unknown local train but, there is no eyewitness found in connection with this incident. Therefore, the liability cannot be fastened on the respondent.

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.

5. That, in order to establish the claim, the Applicant No. 1 Premchand Rammurat Gupta, stepped into the witness-box and filed the Affidavit in lieu of his examination-in-chief on record. He deposed that, on 10.10.2016 the deceased was travelling from Virar to Nallasopara Railway Station by local train. When the train was running in between Virar and Nallasopara railway station, due to rush and push by the co-passengers the deceased accidentally fell down from the train and died on the spot. The Applicant stated that the deceased was in possession of a second class ticket. The ticket was purchased by the deceased in presence of friend Sumit Harkesh Singh however, it was lost post incident.

6. In the cross-examination of Applicant No. 1 Premchand Rammurat Gupta, it was suggested on behalf of Responde