रेल दावा अिधकरण, नागपुर पीठ, नागपुर THE RAILWAY CLAIMS TRIBUNAL, NAGPUR BENCH, NAGPUR CORAM: HON’BLE MISS R.SATHYABAMA, MEMBER (JUDICIAL)/RCT/NGP HON’BLE SHRI SYED NISHAT ALI, MEMBER (TECHNICAL)/RCT/NGP Case No.: OA (IIu)/NGP/44/2022 Date of Filing - 20.06.2022 Date of Judgement - 08.09.2023 APPLICANT’S: 1. Smt. Samatha Wd/o Sanjay Rebelli Age 29 years, Occu. : House wife

2. Mr. Madhar S/o Maraiah Rebelli Age 55 years, Occu. : Labour (During the pendency of the case, applicant No.2 had died, the applicants requested for deletion of his name from the original claim application. After producing the death certificate of the applicant No.2. On 24.08.2023 the Hon’ble Tribunal has given the permission for deletion of the name of the applicant No. 02 from the original claim application.)

3. Mrs. Laxmi W/o Madhar Rebelli Age 54 years, Occu. : House wife All are residing at 89, Kakathiya Nagar, Thorrur, Town - Thorrur Mandal, Taluka - Mahabubabad, District - Mahabubabad, State -Telangana 506163 V/s RESPONDENT: Union of India, Through the General Manager, Central Railway, C.S.T. Mumbai.

VALUE OF CLAIM: Rs. 8,00,000/-

Applicant by Advocate U. Bhattad Respondent by Advocate S. Thaokar JUDGEMENT Basic Details relating to accident as contained in the Application:-

a) Date of accident : 19.08.2021 b) Person deceased : Mr. Sanjay S/o Madhar Rebelli c) Relationship to the claimants : Applicant No.1 is wife, and Applicant No.3 is Mother of the deceased.

d) Train involved and transit details: The deceased was holding reserved journey PNR No.864-0490019, date of journey 18.08.2021, Train No.08402 OKHA- KUR SPL train for travelling from Rajkot to Warangal.

e) Untoward incident narrated: The case of the applicants is that the deceased and his family i.e. wife, father and mother were boarded the OKHA- KUR SPL express (Train No. 08402) for travelling from Rajkot to Warangal railway station. Unfortunately, on 19.08.2021, the deceased accidently fell down from the running train in between KM. No. 546/30- 32 at Shegaon Railway station due to major jerk of the train. The deceased and his family members were holding sleeper class ticket for the mentioned journey vide PNR No. 864-0490019, Booking date 17.08.2021 and journey ticket 18.08.2021, amount of the ticket is Rs. 3300/- (Three Thousand three hundred Rupees only). In this incident deceased had grievously injured and died on the spot.

f) Jurisdiction: The accident occurred on 19.08.2021 at KM. No. 546/30-32 at Shegaon Railway Station, Dist. Buldhana, Maharashtra, this Bench of the Tribunal has territorial jurisdiction.

2. Salient features of reply:

a) Averments in reply: It is denied by the respondent counsel that the deceased was a bona fide passenger at the time of occurrence and he was fallen down from the train due to sudden jerk. Respondent railway specifically submitted that during the investigation police received CCTV footage in which it clearly seen that, deceased Sanjay Rebelli who were Pink shirt and Blue pant was deboarded from train at PF No.02 on new Ramp FOB of Shegaon on the day of incidence, he stand near the window of train and started talking with one person and when train started he tried to board in running train, at the same time he hold handle of train by his right hand and by his left hand he tried to restrain another person from boarding train, he put his right leg on footage of train and left leg on platform, during this time when train catch its speed, he lost his balance and fallen down from running train. It is clearly seen in CCTV footage that deceased Sanjay Rebelli fallen down from running train due to her own criminal negligence and not accidentally. Hence, the Railway is not responsible for the death of the deceased and claim for compensation from Railway administration does not arise in this application.

b) Crux of DRM Report:- After investigation, it is concluded and admitted in DRM Report that the deceased Sanjay Rebelli was travelling with his family by train No. 08402 OKHA