RAILWAY CLAIMS TRIBUNAL Ernakulam Bench Dated – 08^th November, 2023 Coram Hon’ble Shri Sanjiv Dutt Sharma Judicial Member O.A(IIu)/ERS/38/2019

1. Omana Baby,(M/o. Late Dino Baby)

Aged 53 years, W/o. M.A Baby, Madavana, Vattapparambu P.O, Kodussery Parakkadavu, Kurumassery, Ernakulam, Pin - 683 579

2. Baby M A, (F/o. Late Dino Baby)

Aged 67 years, S/o. Antony, Madavana, Vattapparambu P.O, Kodussery Parakkadavu, Kurumassery, Ernakulam, Pin - 683 579 ___ Applicants/claimants Vs Union of India, Through General Manager, Southern Railway, Chennai __Respondent Adv. For the Applicant – Shri. Binoy Ram And Shri. Dr. Stanly Chazhoor Adv. For the Respondent Railways – Shri Anish Jain JUDGMENT The claimants/applicants have preferred the present claim application, against the Railways/respondent, under section 16 of Railway Claims Tribunal Act, 1987, for seeking compensation, from the Railways/respondent, on account of the death of their son, late Shri. Dino Baby, who was allegedly traveling in a train, on 01/01/2018, from Aluva to Chalakkudy and met with an accident.

It is alleged that, at some time before 08.00 AM, the deceased had fallen down from a train, on Railway track at Koratty Railway Station, on his way from Aluva to Chalakudy and got injured severely and died instantaneously. It is alleged that the deceased was a contractor of compound wall, as his relative had arranged a work for him at Aluva, the deceased had gone to Aluva to meet them on 31.12.2017.

It is further alleged that the deceased, after taking the ticket, boarded a train on his way to Chalakudy from Aluva. Unfortunately, the deceased somehow accidentally fell down from the speeding train, at Koratty Railway Station and his body was found at about 08.00 AM. The Koratty police registered the case as Cr. No. 11/2018 and after the investigation, it was concluded that the deceased accidently fell down from the train and died due to run over.

Thus, alleging that their son was a bonafide passenger and a sufferer of an untoward incident, as such, they are entitled to compensation from the Railways/respondent.

In reply, The railway has strongly “denied” that the deceased was a boanfide passenger. The Respondent/Railways have denied all the averments and allegations in the application, except those which are specifically admitted herein, have stated in the written statement that the applicant be put to strict proof of the same.

The Respondent denies that the deceased had died due to accidental fall from the train on 01/01/2018 at Koratty Railway station, as alleged in the claim application.

The Respondent submits that the deceased was not a bonafide passenger, since, the applicants have not produced any journey ticket before this Hon'ble Tribunal. Further, no journey ticket or any other travel authority was recovered during the Inquest conducted by the Police.

The Respondent further submits that, on 01/01/2018 at 10.59 hrs, shri. Davis, S/o. Moolan Veetil Thomas, aged 41 years, Vazhichal Desom, Kazhakkumury Village, who is a ward member has appeared in person at Koratty Police station and informed that, a Male aged between 45 & 50 years of age, had met with death on being hit by the train between

07.00 hrs and 08.00 hrs in the morning.

Based on the complaint received from the ward member, the Government Railway Police, Koratty Police station has registered a case Crime No: 11/2018 under Sec. 174 Cr. P.C.

The Respondent further submits that the Inquest was conducted at the Mortuary of Government Hospital/Chalakudy and not on the place of alleged incident. Mere presence of the body of the deceased found near the Railway track does not mean that the deceased had traveled in the train and fallen down. Further, the alleged incident was not at all reported to any Railway authorities.

The statutory investigation report of DRM done by DSC/RPF/Trivandrum has clearly concluded that the death of the deceased was not due to fall from a train and there is no witness to the incident. No journey ticket or