रल॓ दावा अिधकरण, कोलकाता (cid:15)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA Coram :- Mr. Sanjay Singh Gehlot, Hon’ble Vice-Chairman, RCT/Kolkata &

Mr. Rajeev Jain, Hon’ble Member(Judicial)/RCT/Kolkata Date of filing of the Case : 13.01.2022.

Date of Registration : 17.01.2022. Date of the Decision : 16.10.2023.

1) Nanda Kumar Sasmal @ Nanda Sasmal, ……….. Applicants.

father of Late Susanta Sasmal

2) Kajal Sasmal @ Kajalrani Sasmal, mother of Late Susanta Sasmal both residing at Vill. : Jagannath Bati, P.O. : Hat Sarberia, P.S. ; Daspur, Dist. : Paschim Medinipur, PIN – 721 146.

-VS-

Union of India represented through ……… Respondent.

General Manager, Western Railway, Kolkata.

Jayanti Sasmal @ Manna, wife of Late Susanta Sasmal …… Proforma Respondent residing at C/o : Birendra Nath Manna, Vill. : Chakkishore, P.O. : Sonakhali, P.S. : Daspur, Dist. : Midnapore (West), PIN – 721 211.

Claim for Rs.8,00,000/-.

Presented : Shri R. K. Mishra, Ld. Counsel for the applicant.

Shri P. Prasad, Ld. Counsel for the respondent.

िनण॔य J U D G EM E N T The instant claim petition has been filed under Section – 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs.8,00,000/- along with cost and interest by the applicant for himself as well as on behalf of his wife, Kajal Sasmal @ Kajalrani Sasmal for the death of his son, Susanta Sasmal @ Susanta Nandkumar Sasmal. It has been stated in the claim application that on 19.03.2021 his son, since deceased, with a valid 2^nd class railway journey ticket bearing No.56709656 was travelling from Dahisar to Chattrapati Shivaji Maharaj Terminus by a train and during the course of that journey his son accidentally fell down from the running train at Platform No.2 of Kandivali R/S (KM 31/7) due to over-crowding and sudden jerk and sustained grievous injury. It is submitted that after the incident the victim was admitted to Brihanmumbai Mahanagarpalika Bharatratna Dr. Babasahed Ambedkar Mun. Genl. Hospital, Kandivali where he died on the same day. In the claim application wife of the deceased has been made as Proforma Respondent.

Contd.……/2.

2. The respondent, Western Railway has contested the case filing written statement. In the ‘WS’ the respondent has evasively denied and disputed almost all the averments of the applicants made in the claim application. In the ‘WS’ the respondent has contended that there was no eye-witness of the incident, as alleged, and it has denied occurrence of the incident, as alleged. It is averred that the claim is false, vexatious and harassing. It has finally prayed for dismissal of the case.

3. For proper adjudication of the case, the following issues were framed on 27.06.2022:-

1) Whether the incident on account of which the victim is alleged to have died can be termed as an ‘untoward incident’, as defined under Section-123 (c) (2)

of the Railways Act?

2) Whether on the date of the alleged incident the victim was a bona fide railway passenger?

3) Whether the applicants are the dependants of the deceased in terms of Section – 123 (b) of the Railways Act and are entitled to get any compensation from the respondent railway?

4) Relief, if any?

4. To prove their case, the applicant No.1, Nanda Kumar Sasmal, wife of the deceased, has affirmed an affidavit and produced herself as only witness (AW/1). On behalf of the applicant the documents produced and marked as – (1) Certified copy of Rly. Ticket No.56799656 (Exhibit – A/1), (2) Death Information from GRP (Exhibit – A/2), (3) Inquest Report (Exhibit – A/3), (4) Report of Death (Exhibit – A/4), (5) Police Report (Exhibit – A/5), (6) P.M. Report (Exhibit – A/6), (7) Dead Body Handing over Memo (Exhibit – A/7), (8) Police Report No.54 dt. 19.023.21 (Exhibit – A/8), (9) Police Report No.58 dt. 19.023.21 (Exhibit – A/9), (10) Aadhaar Card of Nand Kumar Sasmal (Exhibit – A/10), (11) Voter I/Card of Nanda Kumar Sasmal (Exhibit – A/11), (12) PAN Card of Nanda Kumar Sasmal (Exhibit – A/12), (13) Aadhaar Card of Kajal Sasmal (Exhibit