BEFORE THE RAILWAY CLAIMS TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH CORAM: HON’BLE MEMBER(TECHNICAL), SHRI SHAILENDRA K. SHARMA HON’BLE MEMBER (JUDICIAL), SHRI LAB H SINGH Case No: OA-IIu/CDG/15/2023 Date of filing: 15.02.2023 Judgment reserved on: 02.11.2023 Judgment pronounced on: 16 .11.2023

1.Suman, aged 37 years, wife of late Shri Ravinder Singh.

2. Ajay, aged 21 years, s/o of late Sh.Ravinder Singh. 3. Sonu, aged 19 yeajrs, son of late Sh.Ravinder Singh.

All residents of House No.776, Guhna (184), District Sonipat, Haryana Pin Code 131408, at present residing at House No.100A, Bhima Devi Colony, Pinjore, tehsil Kalka, District Panchkula, Haryana-134102.

...Applicants.

Versus Union of India through its General Manager, Northern Railway, Baroda House, New Delhi.

... Respondent APPLICATION FOR CLAIM COMPENSATION Smt.Priya Bajaj, ld.counsel for the applicants.

Shri Vikas Kashyap, ld.counsel for the respondent.

JUDGMENT

BY SHAILENDRA K. SHARMA, MEMBER (TECHNICAL)

1. This claim application has been filed by the applicants, (being the wife and sons of the deceased), under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 124-A of the Railways Act, 1989. They claim themselves to be the dependents of the deceased. They seek compensation of Rupees Ten Lakh alongwith interest @ 18% per annum from the date of incident till its realization, on account of death of Shri Ravinder Singh, in an alleged untoward incident, which allegedly occurred on 01.08.2022, while travelling by Train No.12312 (Kalka-Howrah Express Train).

2. In brief, the facts of the case are that on 01.08.2022, Shri Ravinder Singh (since deceased) informed his wife that he is going to his native village Guhna(Distt.Sonipat) and bought a railway ticket from Kalka railway station for going to Sonipat by Train No.12312, but the same was lost in the incident; that the deceased boarded Train No.12312(Kalka-Howrah Express Train) from Kalka railway station for his onward journey to Sonipat; that while travelling, the deceased fell down from the Train at KM No.262/11-10 (between Kalka- Chandimandir railway stations) due to impact of a sudden jerk as well as pull and push of the passengers, as there was heavy rush in the train and sustained grievous injuries on vital organs and died at the spot; that the GRP/Kalka had informed about the untoward incident to the family of the deceased approximately ten days after the said incident; that GRP/Kalka prepared the Inquest Report under Section 174 of the Cr.P.C. and statement of the applicants were recorded on 13.08.2022; that the accident took place on 02.08.2022 at about 7.40 AM at KM No.262/11-10 (between Kalka-Chandimandir railway stations); that the deceased was the sole bread earner in his family, as he was running a Fish stall at Kalka-Baddi road, near Liqour wine shop, Pinjore, Tehsil Kalka (Distt.Panchkula).

3. Written statement was filed, by way of reply, wherein the respondent denied the incident and also disputed the various averments made in the claim application. It is submitted by the respondent that the present application is not maintainable, because neither the alleged incident falls within the ambit of an untoward incident as is defined under Section 123(c)(2) read with Section 124- A of the Railways Act, 1989, nor the deceased was a bonafide passenger, as no journey ticket was recovered during the physical search on the dead body of the deceased. It is further contended that as per the statement of Keyman, on 02.08.2022, when he went to check the track, during checking, he found one dead body lying outside the railway line at KM No.262/10-11; that he informed the on duty Gateman Sh.Sanjay so that the information is sent to the on duty Station Master, Kalka. It is also averred that the house of the deceased is at a distance of 2 KM from the place of occurrence; that as per the statement of the deceased’s relative, the deceased was habitual of taking alcohol; that as per the averments of the claim application,