BEFORE THE RAILWAY CLAIMS TRIBUNAL, GORAKHPUR BENCH, GORAKHPUR CASE No. OA (IIU)/ GKP/439/2019 Mr. Deepak Nath Tiwari, MJ, RCT Gorakhpur Bench PARTIES

1. Raviya W/o Late Yaseen aged about 64 years 2. Naseem S/o Late Yaseen aged about 48 years

3. Sameem S/o Late Yaseen Sharma aged about 39 years

4. Chunni Nisha W/o Bakshish & D/o Late Yaseen aged about 53 years

5. Gudiya W/o Mashihuddin D/o Late Yaseen aged about 49 years Resident of Nagar Panchayat Pipraich, Ward No. 11, Pipara, Post+

P.S. Pipraich, Distt. Gorakhpur (U.P.)

.. …. Applicants Versus Union of India through General Manager, North Eastern Railway, Gorakhpur.

…… Respondent.

4 Date of Incident : 13.09.2019 Date of Filing : 05.11.2019 Date of argument : 28.03.2024 Date of decision : 01.04.2024 Learned Counsel for the Applicant - Shri R. M. Tripathi Learned Counsel for Respondent - Shri R.P. Srivastava

JUDGMENT

Deepak Nath Tiwari Member Judicial

1.This is an application filed by the Applicants (dependents of the deceased)

under section 16 of the Railway Claims Tribunal Act, 1987 against the Respondent Railway administration seeking compensation for the death of Yaseen S/o Late Jamil (hereinafter referred to as “the deceased”), who allegedly died in an untoward incident. The applicants, who have filed this OA originally, are said to be the wife, sons and daughters of the deceased.

CASE OF APPLICANTs

2. The applicants have sought compensation related to an untoward incident defined u/s 123(c) (2) of the Railways Act, 1989. According to their pleadings mentioned in the instant OA, on 13.09.2019, the deceased purchased second class railway journey ticket no. 97671653 ex. Bhatni Jn. to Varanasi railway station and boarded the train no. 14005 Lichhavi Express at Bhatni Railway Station for his destination station Varanasi Railway Station. It is alleged that when the train was about to reach at Aurihar Railway station (ARJ Yd. L. No.4 in RJI Side), the deceased accidentally fell down from moving train due to sudden jerk and thrust of the other passengers. Consequently, he sustained grievous injury and died on spot.

2.1 The applicants have sought a compensation amount to the tune of Rs.

8,00000/- along with interest.

2.2 The applicant Smt. Raviya has filed her own examination in chief on affidavit. She appeared before this Tribunal for cross examination. She was cross examined and discharged. She has proved i.e. Station memo, Inquest report, Post Mortem report, railway journey ticket, Police investigation report, Aadhar Card, Pan Card and bank account passbook in support her case. Which are exhibited and marked as Ext. A/1 to A/14.

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CASE OF RESPONDENT

3. Notice regarding the claim application was issued against the respondent. Learned counsel for respondent responded by submitting a written statement along with (a) DRM’s report, signed on 11.5.2021 (b) inquiry report submitted by RPF, Aurihar Jn. regarding the alleged incident (c)Statement of Shubham Singh, SM, Aurihar Jn. And Shri Manoj Kumar Singh, Head Constable Aurihar Jn. (d) Naksha Naziri (e) Form No. 1 and Form No.2 (f) copy of GD and station diary (g) Statement of Shri V.S. Kushwaha Guard of train no. 14005 and TSR ( h) Letter by Investigating officer to Guard Booking Incharge, BSB and letter to CRS/ Bhatni for ticket verification (h) Letter by Investigating officer to Chief Crew Controller, BSB (i) Copy of Note Book No. L 55 of Loco Pilot (j) Railway journey ticket and its verification (k) Voter ID, Inquest report and Post Mortem report (l) Statement of Smt Raviya –applicant and statement of Shri Nasim son of the deceased alongwith aadhar card and bank account passbook (m) Statement of Ijhar, Samtullah and Suaib Kuraishi villager of the deceased (n) Residntial certificate

3.1 The case of respondent in written statement is that the deceased was neither a bonafide passenger of the train and nor had fallen down from the train. He died due to his own negligence act for which he himself was responsible as such this type of incident does not co