Before Railway Claims Tribunal, Ahmedabad Bench Coram: Shri. Vinay Goel, Member (Judicial)

Shri. Raj Kumar Manocha, Member (Technical)

CASE No. OA(IIu)/ADI/2020/0075 Date of Institution: 08.07.2020 Date of Decision: 03.07.2024

1. Parmaben Rasikji Thakor, Aged about 47 yrs.

(Wife of the deceased)

2. Rohitji Rasikji Thakor, Aged about 13 yrs.

(Minor son of the deceased, through his natural guardian mother i.e. Appl. No.1)

3. Vikramji Rasikji Thakor, Aged about 11 yrs.

(Minor son of the deceased, through his natural guardian mother i.e. Appl. No.1)

4. Liluben Juhaji Thakor.

(Mother of the deceased, deleted from record as died on 20.03.2022)

All are resident of: Aathamano Thakor Vas, Chandrumana, Harij, Patan, Gujarat-384255. ….Applicants VERSUS Union of India Through General Manager, Western Railway, Churchgate, Mumbai. ………. Respondent Mr. K.M. Shah, Ld. Counsel for the Applicants. Mr. J.H. Joshi, Ld. Counsel for the Respondent.

CLAIM FOR Rs. 8,00,000/-

Judgment

This claim application has been preferred before this Tribunal initially by wife, minor sons and mother of the deceased under Section 16 of the RCT Act, 1987 read with sec. 124-A, 125 & 123 (c)(2) of the Railways Act, 1989, being the dependents, seeking compensation of Rs. 8,00,000/- together with interest on account of death of Rasikji Juhaji Thakor, aged 50 years (hereinafter referred to as ‘deceased’) in an alleged untoward incident. During the pendency of OA, mother of the deceased unfortunately expired, now there exist only three Applicants are on record.

2. It is the case of Applicants that, on 13.02.2020 the deceased, an agricultural worker, wanted to return from Khodiyar (for short ‘KHD’) to Patan station by travelling in train no. 79435 Sabarmati-Patan Demu. With intention to travel the deceased reached at KHD Railway station, purchased a valid ticket bearing no. L-47623034 and thereafter, was waiting at platform no.3 of KHD station for arrival of said train. When the train arrived, there was heavy rush of passengers at the platform as well as in compartment of the train. During course of boarding the train, at that time, the train suddenly started moving towards Patan with a sudden jerk and jolt. Due to which the deceased lost his balance and accidentally fell down from the train and was dragged with the train and sustained multiple grievous injuries on different parts of his body, resulting to his death on the spot. On receipt of the message from Loco Pilot of said train, regarding the same, Station Supdt.-KHD issued a Memo and informed RPF/GRP/Sabarmati. The GRP registered A.D. case and after completion of due procedural police formalities, the dead body was handed over to the Applicants for performing final rites. Hence, the deceased was a bonafide passenger and he met with an untoward incident therefore the Applicants being dependents are liable to compensation.

3. The Respondent denied its liability and pleaded; that when the train was arriving at platform no.3 of KHD, the Loco Pilot was continuously blowing horn, inspite of that a person, came from off-side of the platform and trying to cross Railway track, was dashed and run over by the train; that the train was detained 20 minutes due to the incident. The act of the deceased is gross negligence and thus the incident comes under the purview of “Self- inflicted injury and his own criminal act” for which no compensation can be allowed. Though the deceased was a bonafide passenger but the incident does not fall within the ambit of untoward incident, which defines in sec. 123 (c)(2) of the Railways Act, 1989 hence, the claim is required to be dismissed.

4. Crux of DRM report: “ मृतक घटना के दौरान अधिकृत रेल या्ቔी था। ्ቚ्ቓ्ቌद्शी लोको पायलट के कथन और उसके नोट में दर्ज धििरण, गार्ज के कथन और उसके रफ र्नजल में दर्ज धििरण, ्቗े्शन मा्቗र के कथन और उसकी चार्ज बुक, ्ቜेटफामज पोटजर के कथन और Form 2 में मद सं्ቅा 2 (क) में दर्ज धििरण से यह ्ቢ्ቖ है धक मृतक के ्ቛारा लापरिाही पूिजक रेल पटरी पार करते समय गाड़ी की चपेट में आ र्ाने से उसकी मृ्ቓ