RAILWAY CLAIMS TRIBUNAL, RANCHI BENCH.

CORAM :

GYAN PRAKASH TEWARI - Member Judicial.

PRASANTA KUMAR SAHU - Member Technical.

Claim Application No.: OA(IIU)/RNC/76/2024 Check List No. : 2908240004 Date of Incident : 21/22.10.2015 Date of filing : 22.03.2017 Date of final hearing : 22.08.2025

1. Anita Devi, aged about 29 years, wife of deceased Krishna Bhuiyan

2. Ayush Kumar, aged about 06 years, son of deceased Krishna Bhuiyan

3. Shanskar Kumar, aged about 04 years, son of deceased Krishna Bhuiyan 4. Sarhuliya Devi, aged about 66 years, widow mother of deceased Krishna Bhuiyan Applicants No.2 and 3 being minor are represented through their natural guardian applicant No.1.

Residents of Village/Mohalla : Anbajeet, P.S :Badkagaon , District : Hazaribagh (Jharkhand) and presently reside at 38 Gha, Chinhat Bajar, P.S.Chinhat , District:

Lucknow . Applicants.

Versus Union of India represented by The General Manager, South Western Railway , Hubli.

Respondent.

Claimed amount :Rs.20.00.000/- (with_1 8% interest) Ld. Counsel for Applicant - Shri Shyiju Thomas Ld. Counsel for Respondent - Shri Sudhir Kumar Srivastava JUDGEMEN PRASANTA KUMAR SAHU, MEMBER TECHNICAL

01. As per order passed on 30.07.2024 by the Hon'ble Chairman , Principal Bench, Delhi in MA.44B/2024/DLI, IA/104/2017/LKO in connected case with OA( 11 U )/RN C/76/2024 9L- , OA(/IIU)/RNC/76/2024 this file has been received on transfer from RCT/Lucknow for disposal through hybrid mode.

02. This claim application has been filed by the applicants under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 123 (c) (2) and 124-A of the Railways Act, 1989 seeking compensation with interest from the respondent railway for the death of Krishna Bhuiyan, resident of Village/Mohalla: Anbajeet, P.S :Badkagaon, District : Hazaribagh (Jharkhand) in an alleged untoward incident on 21/22.10.2015.

03. Brief facts of the case:

As per original claim application (O.A.),the deceased Krishna Bhuiyan, aged about 30 years, a labourer, while travelling from Yashvantpur to Dharmpuri railway station on 21/22.10.2015 with a 2nd class journey ticket by some train, accidentally fell down from the train in the night near Hebbal railway station (Bangalore) and died due to grievous injuries. It is reported that the journey ticket was lost. The applicants - wife, two minor sons and widow mother being dependents of the deceased, have filed this claim application for compensation from the respondent railways.

04. The applicants have filed a delay condonation petition along with the claim application which was allowed by the Lucknow Bench on 09.07.2021 and claim was registered after condonation of delay.

05. Respondent's reply:-

Per contra, the respondents in their written statement denied all the contents of the claim petition and pleaded that the deceased was not a bonafide passenger of any train on the alleged date of incident. It is submitted that the deceased died after being hit and run over by an unknown train while walking on the track but not due to falling down from a train. The respond ents pleaded for dismissal of the case.

06. Issues:- From the plead ings of the parties , the following issues wer framed on 09.0.2025 for adjudication :-

1. Whether the deceased was a bonafide passenger of the train in question?

2. Whether the incident of death of the deceased falls under the ambit of an untowa rd incident as defined u/S 123 (c) (2) of the Railways Act, 1989?

3. Whether the applicant or other dependents of the deceased are entitled to compensation?

4. To what relief?

07. In support of claim , applicant no.1 Anita Devi (wife of the deceased) has filed her affidavit and presented herself before the Bench as AW1 . She was cross examined by the respondent's counsel and discharged . The applicants , in support of case, have filed the certified photo copies of the following documents annexed with claim petition marked exhibits as under.

- Annex 1

1. FIR

2. Station memo - Ext.A1/Annex .2 3. Post-mortem report - Ext.A2 /An