रल॓ दावा अिधकरण, कोलकाता (cid:7008)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA BENCH Coram: Shri Sanjay Singh Gehlot, Hon’ble Vice-Chairman Shri Rajeev Jain, Hon’ble Member(Judicial)

Claim Application No. OA(IIU)/KOL/2020/114 (Application filed on 14.02.2020 & decided on 20.07.2023)

1. Manowara Khatun, wife of the deceased Md. Mahidul Islam

2. Atibur Islam, son of the deceased Md. Mahidul Islam

3. Md. Hasanullah, father of the deceased Md. Mahidul Islam

4. Murshida Khatun, mother of the deceased Md. Mahidul Islam All are residing at :

Laharpara, Dakshin, Manikahar, Rejinagar, Murshidabad, Pin Code 742 163, West Bengal. …… Applicants.

-VS-

Union of India represented through The General Manager, Eastern Railway ……… Respondent.

Application under Section 16 of Railway Claims Tribunal Act, 1987 read with Sections 123(c)(2)

and 124-A of Railways Act, 1989.

Claim for Rs.8,00,000/- with interest and costs Shri N. Mittal, Ld. Counsel for the applicant.

Shri P. Prasad, Ld. Counsel for the respondent िनणय(cid:6981)

J U D G E M E N T:

1. This is an application under Section 16 of Railway Claims Tribunal Act, 1987 read with Sections 123(c)(2) and 124-A of the Railways Act, 1989 filed by the applicant for herself and also on behalf of her minor son and parents-in-law as dependants claiming compensation on account of the death of her husband Md. Mahidul Islam allegedly in an untoward train incident of accidental falling from a train. It is pleaded in the claim application that on 02.05.2019 the deceased was travelling ex. Bazarsau to Azimganj by a train with a valid 2^nd class railway ticket along with Minajuddin Ahamed and Taherddin Sekh. All of them purchased separate railway tickets and boarded the train. In the course of journey, he accidentally fell down from the running train due to overcrowding and sudden jerk at Khagraghat railway station and sustained grievous injury. With the help of GRP and Civic volunteers the injured was shifted to Contd….2 Murshidabad Medical College & Hospital at 12.10 p.m. and he expired on the same day at 01.30 p.m. Ticket of the deceased is stated to have been lost.

2. The respondent railway has filed Written Statement disputing and denying the averments made in the claim application. In the written statement, it is denied that the deceased was a bona fide passenger and that the deceased fell down from any running train and died. It has also been stated that the conclusion of the police report is based on assumptions and presumptions for want of any cogent document and eye-witness.

3. On the basis of the pleadings of the parties, the following issues were framed :-

1. Whether the incident on account of which the victim is alleged to have died can be termed as an ‘untoward incident’ as defined under Section 123(c)(2) of the Railways Act, 1989?

2. Whether on the date of alleged incident the victim was a bona fide railway passenger? 3. Whether the applicants are the dependents of the deceased and are entitled to get any compensation from the respondent?

4. Relief, if any?

4. The applicant filed her affidavit of evidence and she was cross-examined as AW/1. In support of the case, the applicant has furnished the following documents, which were marked Exhibits :-

1. Voter’s card of Manowara Khatun - A/1 2. Aadhar card of Manowara Khatun - A/2 3. Death certificate of Md. Mohidul Islam - A/3 4. Final Police Report - A/4 5. Surathal report - A/5 6. P.M. report - A/6 7. Station Diary - A/7 The respondent railway has filed ADRM/HWH’s report along with annexures which were collectively marked Exht.R/1 collectively.

As per summons issued, one Moumita Sarkar, Station Manager, Khagraghat Road railway station and one Mahendra Gagrai, Sr. Station Manager(Passenger) adduced evidence as CW/1 and CW/2 respectively as Court witnesses.

5. Ld. Counsel for the applicant filed a written argument. On the other hand, Ld. Counsel for the respondent argued the case orally. After appreciating the arguments and perusing the record, we determine the issues as