रेल दावा अधिकरण , गोरखपुर THE RAILWAY CLAIMS TRIBUNAL, गोरखपुर पीठ ,गोरखपुर GORAKHPUR BENCH, Gorakhpur वाद सं्ቅा -ओ o ए o -II यू o / जी के पी /388/2019 CASE No. OA (IIU)/GKP/388/2019 दीपक नाथ धिवारी ,सद्ቧ ्቗ाधयक, गोरखपुर पीठ गोरखपुर Deepak Nath Tiwari, MJ, RCT Gorakhpur Bench Gorakhpur PARTIES

1. शकु ्ቌला देवी उ्቞ लगभग 53 वर्ष प्ቌी ्ቭ0 रामा्ቦय ्ቚजापति

2. ड्቞ू उ्቞ लगभग 31 वर्ष पु्ऴ ्ቭ0 रामा्ቦय ्ቚजापति 3. बबलू उ्቞ लगभग 29 वर्ष पु्ऴ ्ቭ0 रामा्ቦय ्ቚजापति 4. ्ቚीिी उ्቞ लगभग 24 वर्ष पु्ऴी ्ቭ0 रामा्ቦय ्ቚजापति

सातकनान्

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करमाजीिपुर थाना

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गौरीबाजार जनपद -

देवररया (यू0पी0)

.. …. Applicants Versus तद यूतनयन आफ इ्णिया

जररये महा्ቚब्቏क, पूवो्ቈर रेलवे, गोरखपुर …… Respondent.

Date of Incident : 12.08.2019 Date of Filing : 23.09.2019 Date of argument : 28.03.2024 Date of decision : 01.04.2024 Learned Counsel for the Applicant - Shri Varun Kumar Maurya Learned Counsel for Respondent- Shri Shamshul Islam JUDGMENT/धनणणय Deepak Nath Tiwari, Member Judicial 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 Late Ramashray Prajapati S/o Late Sukhari (hereinafter referred to as “the deceased”), who allegedly died in an untoward incident. The applicants, who have filed this OA, are said to be the wife sons and daughter of the deceased, CASE OF APPLICANTs

2. The applicants have sought compensation for an untoward incident in terms of Section 123(c) (2) of the Railways Act, 1989. According to facts mentioned in OA, the deceased was traveling on 12.08.2019 from Deoria Sadar to Siwan Jn. by Train No. 12530 (Patliputra Super Fast Train) with valid railway ticket. When the train was passing Railway station Bhatni at PF No. 4 the deceased accidentally fell down from the train due to jerk, rush and push of passenger and sustained serious injuries consequently he died on the spot. It is alleged that the Railway ticket was lost during the incident.

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

8,00000/- along with the interest.

2.2 The applicant Shakuntala Devi 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. Memo, GD, Panchayatnama, Post Mortem Report, Pariwar Register and Adhar Card as documentary evidence in support of her case and the same are marked as Exh. A/1 to A/6.

CASE OF RESPONDENT

3. Notice regarding the claim application was issued against the respondent. Learned counsel for the respondent responded by submitting a written statement along with (a) Divisional Railway Manager (DRM) Report dated 02.07.2020 (b) Form No. 1 and Form No. 2 (c) Post mortem Report and Panchayatnama(d) Adhar Card and Domicile certificate (e). Statement of Akshay Lal and others (f) Statement of Shakuntala Devi wife of the deceased (g) Statement of RPF, Inspector (h) Statement of Guard (i) Rojnamcha (j) Statement of Loco Pilot and Guard (k) Rojnamcha (l) statement of station master (j) Station diary (k) Memo (l) Conclusion of investigation report.

4. The case of respondent is that the deceased was not a bonafide passenger. The deceased had jumped out from the train when it has become slow near Bhatni railway station and hence; the facts of the case do not come within purview of “Untoward Incident” defined u/s 123 Railways Act.

I S S U E S

5. On 29.07.2021 the following issues were framed in terms of Rule 21 of Railway Claims Tribunal (Procedure) Rules 1989;

1. Whether the deceased was a bonafide passenger of the train?

2. Whether the deceased died in an untoward incident?

3. Whether the applicants are the dependents of deceased ?

4. Relief ?

F I N D I N G S

6. ISSUE NO. 2:- Whether the deceased died in an untoward incident ?

Before embarking upon analysis of the facts on this issue, let us quote the provision of section 123(c) (2) of the Railways Act, 1989, which reads as “Untoward incident” means