BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI Claim Application No: OA (IIU) / MCC / 763/2018

1) Mr. Prakash Chapaji Jadhav, Aged 43 years, (Husband of the deceased)

2) Mr. Atul Prakash Jadhav Aged 22 years, (Son of the deceased)

3) Mr. Amol Prakash Jadhav Aged 20 years, (Son of the deceased)

4) Miss Ashwini Prakash Jadhav Aged 18 years, (Daughter of the deceased)

R/at- Lausi Compound, Rambai Compound Nagar, Brahmanpada, C-Block Road, Behind Datt Mandir, Ulhasnagar-3, Dist- Thane, 421002 … APPLICANTS Versus Union Of India, Through the General Manager, Central Railway, CSMT. … RESPONDENT Appearances:

Mr. D. T. Ajagekar : Advocate for Claimant Ms. Jyoti Panvelkar : Advocate for Respondent Date of Institution: 11-10-2018 Date of Judgement: 13-06-2024 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 Mrs.

Kamal Prakash Jhadav.

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

2. It is stated that, the deceased Mrs. Kamal Prakash Jhadav, resident of Mulund was a housewife. The Applicant No. 1 is the husband of the deceased Mrs. Kamal Prakash Jhadav. The Applicant No. 2 & 3 are her Son and Applicant No. 4 is her daughter. On 12-05-2018 the deceased Kamal along with her mother Indubai P. Kedare and her Sister Sarala Pawar came to Shahad Railway Station and purchased railway tickets for traveling from Shahad to Kasara Railway Station. They boarded in train from Shahad Railway station. At about 17:00 hrs. when the said train reached between Atgaon and Khardi railway station at KM No.102/06, the deceased accidentally fell down from the train due to heavy rush and jostling by the crowd in the compartment. She sustained fatal injuries and died before admission in the hospital. The Applicants produced a valid General Class railway ticket bearing no. 94LKC3P3BG, 94LKC3P3BH, 94LKC3P3CO from Shahad to Kasara railway station, dated 12/05/2018. It has been contented that the deceased was the bona-fide passenger and died in an untoward incident occurred on 12-05-2018.

3. In response to notice, Respondent – Railway Authority appeared and opposed the claim application. The respondent filed Written statement and also produced on record the DRM reports, and papers of investigation conducted by IPF/RPF/KSRA. It has been contented that On 12-05-2018 at around 17.00 hrs, the Station Master Khardi informed the Station Master Atgaon through telephone, that TPRO had occurred at KM No.102/06. On receipt of information the Station Master Atgaon passed on information to GRP/KYN PN 2038 Gangurde that a woman is lying injured near KM. No.102/04-06 between Thansit to Khardi Railway Station. The Station Master Atgaon issued memo No. 019031 dated 12.05.2018 to GRP/KYN PN 2038 Gangurde for providing the medical treatment of the injured woman. Accordingly, the GRP carried the injured to Upazila Hospital Shahpur for medical treatment, where the on-duty doctor examined and declared the injured woman dead. After perusing the documents received from the investigating officer, it was transpired that the deceased woman was travelling from Shahad to Kasara on 12.05.2018 and fell down from the unknown local between Thansit to Khardi station at KM No. 102/04-06. The GRP/KYN HC-1671 PS Dethe's report, Inquest Panchanama and investigation documents of the case received from GRP/KYN mentioned about railway ticket dated 12.05.2018 from Shahad and Kasara. However, there are no signature of the Panchas, Hence prima-facie victim may not be considered as a bonafied passenger, As per report of GRP/ KYN and Memo of SM/Atgaon the above victim was fallen down due to travelling near the door of local train, in negligent manner, which is an offe