BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI Claim Application No: OA (II U) /MCC/170/2020

1. Mr. Ashok Namdeo Salunkhe Age: 60 Years, (Father of the deceased)

2. Smt. Naginbai Ashok Salunkhe Age: 53 Years, (Mother of the deceased)

Both R/at: At post: - Gandhali, Tal: - Amalner, Jalgaon, State of Maharashtra. … APPLICANTS Versus Union of India, Through the General Manager, Western Railway, Churchgate. … RESPONDENT Appearances:

Mr. A. M. Rane : Advocate for Claimant Ms. Nanda Kamble : Advocate for Respondent Date of Institution: 20.02.2020 Date of Judgement: 07.11.2023 CORAM: Shri.K. K. Sonawane, Vice Chairman (J) &

Shri. Ved Prakash, Member (T)

JUDGEMENT

1. This Claim Application is filed by the applicants 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 a Railway involving a death of deceased Mr. Vikas.

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

2. It is stated that, the Vikas s/o Ashok Namdeo Salunkhe aged 20 yrs, was the resident of Amalner. The Applicant No. 1 is the father of unmarried Vikas and Applicant No. 2 is his mother. On 06.10.2019 the deceased Vikas s/o Ashok Namdeo Salunkhe along with his cousin brother Umesh Birhade came to Borivali Railway Station and purchased second class Railway tickets to go to Surat Railway Station from Borivali Railway Station and boarded the train. On date 07.10.2019 at about 00.13 hrs when the train reached at Km No 49/08 B and 49/08 A in between Naigaon and Vasai Road Railway Station, the deceased accidentally fell down from the running train due to jerk and jostling from the co passengers travelling in the same compartment. He sustained multiple injuries and died on the spot. The Applicants stated that the deceased was in possession of the second class Railway ticket from Borivali to Surat Railway Station but the same was lost in the untoward incident.

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 pertains to investigation conducted by IPF/RPF/BSR, accompanied with other relevant police papers marked as “R-1”. It has been contented that on 07.10.2019 at about 00.13 hrs, SS/Naigaon, Hamal, RPF and GRP attended the spot of incident on receiving the information from Dy. CTNL/BCT about falling down of a passenger from the train No. 59441. They reached to the spot of incident at about 00.45 hrs in between Km No. 49/08 B and 49/08 A of Naigaon and Vasai Road in the middle of Down Thru Line and Up Local line. They found one unknown person aged about 25 yrs lying in dead condition with severe injuries on his head and face. The GRP escorted the deceased to Vasai Road Railway station by Local Train No. VR 91263. Thereafter, SS/Naigaon issued a memo no. 05062 to the GRP No PC 1034 and sent the deceased to the Primary Health Centre, Navghar, Vasai Road for medical treatment. The deceased was travelling by standing at the door of the train. His leg slipped and he fell down from the train due to which his relative who was travelling along with the deceased pulled the chain of the train and got down at Vasai Road station and stated that the deceased was his brother and travelling on the gate of the train. His leg was slipped and he fell down from the moving train. The GRP/Vasai, registered the case vide Accidental Death No. 157/2019 dated 07.10.2019. It was revealed that the incident occurred due to falling down from the moving train, while travelling on the foot board/door of the train. The Railway administration has restricted the travel of passengers, on the footboard of the train to prevent such kind of incidence. The deceased has violated the Sections 124 A (b) and 156 of the Railway Act. The statement of the Guard of passenger train no 59441 was recorded and he stated that while the train en