रेल दावा अधिकरण, अहमदाबाद पीठ, अहमदाबाद के सम कोरम : ्ቦी धवजयंत ससह माननीय सदस्य( न्याधयक)

CASE No. OA IIu/2019/0124 Date of Institution: 08.05.2019 Date of Decision: 08.09.2023

1. Perejohn Immamsap, Aged 60 Years.

(Father of the deceased passenger) 2. Jamruth Perajan, Aged 55 Years (Mother of the deceased passenger)

Residing at: D.No.11, Shivashakthinagar, Hosur, P.O.-Hosur Dharmapuri, Tehsil-Hosur, District-Krishnagiri, Tamilnadu-635109. …. APPLICANTS -VERSUS-

Union of India Through General Manager, … RESPONDENT Western Railway, Churchgate, Mumbai-400020.

Appearance: Mr. K.M. Shah, Ld. Counsel for the Applicants.

Ms. K.P. Vyas, Ld. Counsel for the Respondent.

CLAIM FOR Rs. 8,00,000/-

JUDGMENT

Mr. Vijayant Singh, Hon’ble Member (Judicial):

The case in hand has been preferred before this Tribunal by the applicants under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 125 of the Railways Act, 1989 seeking compensation of Rs. 8,00,000/- together with interest on account of death of Aadil s/o Perejohn Basha in an alleged untoward incident.

2. In brief, it has been averred in the claim application that on 12.03.2019, the deceased was travelling, from Ahmedabad to Yesvantpur Railway Station, by train No.16501 Ahmedabad-Yesvantpur Weekly Express, holding a valid and proper journey cum reservation ticket bearing PNR No. 8715896694. It has further been averred in the claim application that when the deceased was boarding the compartment of the said train at the platform No.5 of Ahmedabad Railway station for going to Yesvantpur, at that time, the said train started moving towards Yesvantpur with all of a sudden jerk and jolt and due to this jerk & jolt the deceased lost his balance and accidentally fallen down from the said train. Due to this incident deceased sustained multiple grievous crushed injuries on different part of his body and died during the treatment on 13.03.2019.

3. To establish their claim, the applicants have placed on record certified copy of Railway Ticket, Memo, Vardhi, Inquest Panchnama, Panchnama of Place of Incident, Death Certificate of the deceased, Aadhar Card of the deceased, Aadhar Card of applicant No.1 & 2, Bank Details of applicants, Post Mortem Report and original Relationship Certificate.

4. On receipt of the notice, the Respondent Railway administration filed its written statement along with the DRM’s Report pleading therein that, the deceased fell while he was trying to board the running train therefore, the present case is not covered under Section 123 (c) (2) of the Railway Act, 1989, hence, the Respondent Railway Administration is absolved from its liability to pay compensation. On the basis of these and other pleas, dismissal of the claim application has been sought by the Respondent.

5. At the very outset it is worthwhile mentioning here that since it has specifically been admitted in the original DRM’s Report filed on behalf of Respondent that the injured was in possession of a valid general ticket at the relevant time as such no issue was framed with regard to the same and accordingly it is held that the injured was a bonafide passenger of the train in question as stipulated under Section 2 (29) read with Section 124 A of the Railways Act 1989. Based upon the pleadings of the parties and material made available on record, the following issues were framed:

ISSUES

1. Whether the deceased met with an untoward incident due to fall from passenger carrying train, suffered injuries and died as a result thereof and the present case is covered under the definition of Section 123 (c)(2)

of Railway Act, 1989 ?

2. Whether the applicants are the sole dependents of the deceased as mentioned in Para-15 and are entitled to compensation as claimed under Para-16 of the claim application ?

3. Relief ?

6. So as to lead evidence, applicant No.1 has filed his own examination-in-chief as AW-1 on affidavit and got the documents exhibited as A/1 to A/12 accordingly.

AW-1 was cross-examined by counsel for the Responde