RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI CORAM: SHRI HARI D. GUJRATI, MEMBER (TECHNICAL)

SHRI ALOK UPASANI, MEMBER (JUDICIAL)

CLAIM APPLICATION No: OA (II u)/MCC/0383/2015

1. Smt. Sharifa Banu Aasiq Ali Shaikh, Aged 60 Years, Mother of the deceased R/at: Near Miraj Masjid C Sector, O line, Room No. 0778, Cheeta Camp, Trombay, Mumbai- 400088. APPLICANT V E R S U S Union of India, Through The General Manager, Central Railway, CST, Mumbai-400001 RESPONDENT Appearances:

Mr. V. K. Mazgaonkar - Counsel for the Applicants Ms. D. Fernandes for Mr. M.S.Nathan - Counsel for the Respondent Date of Institution: 23.03.2015 Date of Judgment: 31.08.2023 J U D G E M E N T

1. The Claim Application is filed by the Applicant under sec. 16 of the Railway Claims Tribunal Act, 1987 read with 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 of Railway involving death of her son Kumar. Aamirali Aasiq Ali Shaikh, who died in a Railway accident on 28^th January, 2015.

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

2. It is stated in the Claim Application that Kumar. Aamirali Aasiq Ali Shaikh (hereinafter referred as deceased) was a resident of Cheeta Camp, Trombay and was engaged in service. The deceased is the unmarried son of the Applicant. On 28.01.2015, he along with friends Arfat and Arman left their residence, reached Kalva Railway Station and purchased valid Railway return Tickets for their travel to Mumbra Railway Station and boarded in a local train to reach Mumbra Railway Station. After reaching Mumbra and completing their work, they reached Mumbra Railway Station and boarded in a second class coach of a local train to reach Kalva Railway Station. When the said train was traversing between Mumbra and Kalva Railway Station, the deceased received a forcible jerk, lost his balance and he accidentally fell down from the running train sustaining serious injuries to his body. Thereafter, the deceased’s friends alighted from the train and took the deceased to Shivaji Hospital, Mumbai for medical treatment wherein he died on the same day while taking treatment at the hospital. It is further stated that the deceased was travelling as a bonafide passenger, on the strength of a Second Class Railway Return Ticket valid between Kalva to Mumbra but the said Ticket was lost in the incident.

3. In response to notice, Respondent- Railway Authority appeared and opposed the Claim Application. The Respondent filed Written Statement wherein it is stated that the incident was a self- inflicted one as the deceased carelessly/negligently invited the adversity to himself. Respondent also produced on record the DRM report pertains to investigation conducted by IPF/RPF/Thane, accompanied with other relevant police papers marked as “R-

1”. Following has been contended in the DRM’s Report:

“On 28.01.2015 at about 19.30 hrs, one person named Amirali Aasiqali Shaikh fell down from an unknown local train and was injured near Kalva tunnel whom his co- passenger named Arman Abdul Kalam Khan carried to Shivaji Hospital, Kalva for treatment. On duty doctor checked the victim and declared him dead. On getting information, GRP/Thane HC J.S. Bhagwat attended the spot and prepared inquest panchanama with two panchas. The dead body was sent for Post Mortem. It is clearly mentioned in the P.M. report that his death has been caused due to "Head injury with blunt trauma to abdomen and chest". GRP/TNA registered the case vide ADR No. 25/2015 dated 29.01.2015 u/s 174 of Cr.P.C It is observed that GRP/Thane has attached copy of Railway ticket no. X 800030960 from Kalva to Kalyan dtd 28.01.2015 but has not mentioned the same in Inquest Panchnama. As per documents received from GRP/TNA, it is observed that Amirali Aasiqali Shaikh (deceased) was travelling near the door of train in a negligent and careless manner. He lost his grip and fell down. There is no negligence on the par