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2025 Supreme(Online)(RCT) 1048
RAILWAY CLAIM TRIBUNAL - DELHI
Kanwaljit Singh Ahluwalia, Chairman, Roopa Srinivasan, Technical Member
Hamid – Appellant
Versus
Union of India – Respondent
OA/II(U)/DLI/105/2024
For the Appellants/Petitioners: None
For the Respondents: Manish Kumar
The accidental fall of a bonafide passenger from a running train, resulting in death, constitutes an 'untoward incident' under the Railways Act, 1989, and entitles the dependents to compensation, even in the absence of direct eye-witness accounts, based on the preponderance of probabilities.
Headnote:(A) Railway Claims Tribunal Act, 1987 - Section 16 - Railways Act, 1989 - Sections 123(b), 123(c)(2), and 124-A - Untoward incident - Death of bonafide passenger - Compensation - Deceased passenger fell from train and died - No eye-witness present, but preponderance of probabilities established status as bonafide passenger and cause of death - Claimants held to be dependents - Compensation awarded with specific directions for mode of disbursement. (Paras 1, 2, 10, 13, 14)
Facts of the case:
The deceased was travelling from Gorakhpur to New Delhi on 09.09.2019. His body was discovered on 10.09.2019 between Firozabad and Hirangaon with his valid journey ticket for the train. The parents filed a claim for compensation, citing the death as an untoward incident.
Findings of Court:
The court held the deceased was a bonafide passenger. Based on evidence and preponderance of probabilities, it determined the death occurred due to falling from the train, qualifying as an untoward incident under the Railways Act. Claimants, as parents, were confirmed as dependents.
Issues: 1. Whether the death occurred in an untoward incident? 2. Whether the applicants are dependents? 3. Quantum of compensation and mode of disbursement.
Ratio Decidendi: Though there were no eye-witnesses, the possession of a valid journey ticket and the discovery of the body along the specified route, supported by post-mortem findings, create a preponderance of probabilities establishing that the death resulted from falling from a train, thereby constituting an untoward incident.
Result: Application allowed; compensation of Rs. 8,00,000/- awarded with interest, subject to specified disbursement conditions.
| Table of Content |
|---|
| 1. overview of claim, incident details, and supporting evidence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. determining occurrence of accident as an 'untoward incident'. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. determination of dependency and mandatory disbursement norms. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
None for the applicant.
Sh. Manish Kumar, counsel for the respondent through virtual mode.
J U D G E M E N T
Ms. Roopa Srinivasan, Hon’ble Member (Technical) :-
1. This is an Application filed by two applicants under Section 16 of the Railway Claims Tribunal Act, 1987, against the respondent Railway administration, seeking compensation for the death of Nurool Hoda, age 25 as the result of an alleged untoward incident. The two applicants who are parents of Nurool Hoda- Hamid (father) and Tavirun @ Tavirunnisha (mother) have sought compensation under Section 16 of the Railway Claims Tribunal Act, 1987.
Case of the applicants
2. On 09.09.2019, Nurool Hoda, having purchased a ticket UEP 48143547 boarded a train from Gorakhpur to New Delhi. In the early hours of 10.09.2019, when the train was between Firozabad and Hirangaon at Km. 1236/09, Nurool Hoda fell out of the train, sustained grievous injuries and died on the spot. The applicants have sought compensation under Section 16 of the Railway Claims Tribunal Act for the death of Nurool Hoda (hereinafter the “deceased”) in an untoward incident as defined under Section 123 (c) (2) of the Railways Act, 1989.
3. The applicants submitted the following along with their claim application (1) Copy of General Diary No. 007 dated 10.09.2019 at 03:45 am (2) Original of the ticket No. UEP 48143547 dated 09.09.2019 at 15:55 hrs (3) Copy of Bank Passbook of the applicants (4) Aadhaar Card of the applicants, among others.
4. Applicant No. 1 tendered his affidavit towards examination in chief on oath as AW-1. He stated that he was not an eye-witness to the incident, nor to the purchase of the ticket by the deceased who was his son, since he was in Mumbai at the time of the incident. He stated that his son’s occupation was to operate a JCB. AW-1stated that the incident site was about a distance of 600-650 Kms from their place of residence in Maharajganj, UP.
Case of the Respondents
5. The Respondents in their Preliminary Objections have highlighted that there was no eye-witness to the incident which caused the death of the deceased. However, they have admitted to the recovery of General Ticket No. UEP 48143547 for the journey from Gorakhpur to Delhi on the body of the deceased. In this regard Para Nos. 3 & 4 of the Preliminary Objections filed by the respondent are reproduced below:-
“3. That as per the enquiry report, it came on record that on dated 10.09.2019, the loco pilots of train no. 12553 UP Vaishali Express and of train no. 14163 UP had informed to Dy. Station master of Hirangaon at 3:00 am that one dead body is lying in mid Firozabad and Hirengaon at KM no. 1236/09 in mid of UP-DN track.On personal search one general ticket no. UEP 48143547 EX Gorakhpur to New Delhi has been found of dated 09.09.2019 issued from counter no. 09 at 15:55 pm. There was no eye witness for this incident, moreover the cause of this fatal incident is also not clear, hence here Railway is not responsible for this fatal incident occurred. Hence the claim of the applicant is liable to be dismissed.
4. That the claim of the applicants is also hearsay basis as they were not the eye witness of the alleged incident. Hence the claim petition filed by applicants is not maintainable and is liable to be dismissed.”
(Reproduced in Verbatim)
6. The DRM report which carries in its annexure the report of the Post Commander/RPF/Firozabad has brought out the following key items in the investigation :-
“01-घटना उपरोक्त दि नांक 10.09.2019 को फि रोजाबाद व हि रनगं ाँव के मध्य कि मी० स०ं 1236/09 पर गाडी स०ं अज्ञात सेघटि त हुयी है। 02-घटना उपरोक्त की सर्वप्रर्व थम सचू ना दि नांक 10.09.2019 को गाडी स०ं 12553 अप
