रेलदावाअधिकरण धिकं दराबादपीठ धिकं दराबाद RAILWAY C LAIM S TRIB,U NAL, SEC UND, ERABAD BENCH AT SECUNDERABAD CORAM HON’BLE JUSTICE ANANT KUMAR, VICE CHAIRMAN (JUDICIAL)

HON’BLE N. MADHUSUDAN RAO, MEMBER (TECHNICAL)

OA II (U) NO. 33 OF 2022 Date of Filing : 24.03.2022 Date of Decision : 09.10.2023 Between:

1. Smt. Tharote Sanga Bai, W/o. Late T.Hanmantha, Aged about 54 years, Occ: Labourer.

2. Tharote Suryakanth, S/o. Late T.Hanmantha, Aged about 27 years, Occ: Labourer

3. Smt.Tharote Jana Bai, W/o. Tharote Rama, Aged 79 years, Occ: Nil Applicant Nos.1 to 3 are r/o. H.No.2-7, Pedda Takli, Madnoor Mandal, Limbur, Nizamabad District, Telangana State 503 309

4. Smt. Misala Anjani Bayi W/o. Abbaiah, Aged about 35 years, Occ: Housewife.

R/o. 2-5/1, Madhan Hipparga, Madnoor Mandal, Nizamabad District, Telangana State.

5. Smt. Neeradi Panchasila, W/o. Neeradi Ashok, Aged 25 yars, Occ: Housewife, R/o. 5-77, Birkur Mandal, Bommandevpalle, Nizamabad Dist, Telangana State 503 301.

…Applicants And Union of India represented by The General Manager, South Central Railway, Secunderabad.

…Respondent Counsel for Applicants : Sri. A.Lakshma Reddy Counsel for Respondent : Sri.T.Jashwanth Kumar

J U D G M E N T

1. The Applicants have filed this application under Sec.16 of the Railway Claims Tribunal Act, 1987 seeking compensation of Rs.8,00,000/- with interest for the death of Tharote Hanmantha S/o. Rama, aged 62 years, (hereinafter referred to as the deceased), in an alleged untoward incident that occurred on 19.10.2021 while travelling from Nagpur to Secunderabad by train No.02722 Dakshin Express holding journey ticket bearing PNR No.222-8435006 dt. 18.1.2021, at KM No.342/22-23 in the Uppal Yard. Applicant No.1 is the wife, Applicant No.2 is the son, Applicant No.3 is mother, and Applicant Nos.4 and 5 are married daughters of the deceased.

2. The Respondent railway filed Written Statement denying various averments made in the claim application and stated that claim application is neither maintainable in law nor on facts and that there is no cause of action for the applicant to file the present case as the claim does not fall within the ambit of Sec123(c) or Sec.124-A of the Railways Act, 1989. The Respondent has put the applicants to strict proof that they are dependents of the deceased by causing production of valid documentary evidence. Respondent has denied that deceased was a bonafide passenger of Train No.02722 Dakshin Express of 18.10.2021 and suffered an untoward incident of accidental fall from train. The Respondent contended that during the inquest, a railway journey ticket bearing PNR no.222-8435005 Ex.Nagpur to Secunderabad was found with the deceased, which was verified with CRI, Secunderabad and found that the said ticket was in waiting list and not confirmed and therefore the said ticket was not valid for journey. In view of the above, the respondent prayed to dismiss the claim application.

3. On the basis of pleadings of the parties, following issues were framed:-

1. Whether the deceased was a bona fide passenger of the train in question and died as a result of an untoward incident?

2. Whether the incident falls under any of the exceptions to Sec.124-

A of the Railway Act?

3. Whether the Applicants are dependants of the deceased?

4. Whether the applicants are entitled to the compensation as claimed? And to what relief?

4. Applicant No.2 Tharote Suryakanth, son of the deceased, filed his affidavit of examination in chief as AW-1 and got marked the documents as Ex.A1 to A8. Respondent did not examine any witness, however, filed the Divisional Railway Manager’s enquiry report as Ex.R1. The Tribunal has examined Shri V.Vijaya Kumar, Chief Ticket Examiner as CW.1. The CW.1 has filed the instructions issued by the Railway Board governing the journey during the Covid Period and same has been marked as Ex.C1.

5. Heard the counsels appearing on behalf of the parties and also perused the entire evidence placed on record and record my findings on the issues fram