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2025 Supreme(Online)(RCT) 1056
RAILWAY CLAIM TRIBUNAL - MUMBAI
Alok Upasani, Judicial Member, Niva Singh, Technical Member
Melwyn Peter Fernandes – Appellant
Versus
Union of India – Respondent
OA (II u)/MCC/389/2016
For the Appellants/Petitioners: V. K. Mazgaonkar
For the Respondents: Ankita Rele (for S. J. Bhatt)
The burden of proof rests on the claimant to establish they were a bonafide passenger and that the injury resulted from an accidental fall from a train as defined under the Railways Act, 1989 before compensation can be awarded.
Headnote:(A) Railways Act, 1989 - Sections 123(c)(2) and 124-A - Untoward incident - Claim for compensation - Burden of proof - Applicant claimed compensation for injuries sustained after falling from train - Respondent produced direct testimony of Motorman and Guard stating victim jumped onto tracks - Tribunal held applicant failed to prove travel or accidental fall - Held, mere presence on premises does not satisfy criteria for bonafide passenger status - Claim dismissed due to lack of evidence proving untoward incident.
Facts of the case:
The applicant sought compensation for injuries sustained on 20.02.2016, alleging he accidentally fell from a local train while travelling from Bhayandar to Mira Road. Evidence from the railway employees (Motorman and Guard) indicated the victim was not a passenger but had jumped onto the tracks in front of an approaching train after a physical altercation on the platform.
Findings of Court:
The Tribunal found the applicant's account inconsistent with the direct testimony of the railway staff and the Untoward Incident Report. The applicant failed to establish his status as a bonafide passenger or that an accidental fall occurred.
Issues: 1) Whether the injured was a bonafide passenger. 2) Whether the incident constituted an untoward incident as defined under S. 123(c)(2) of the Railways Act, 1989.
Ratio Decidendi: The initial burden of proof lies upon the applicant to first establish that the incident occurred while travelling as a passenger with a valid ticket. Where credible evidence, such as testimony from train crew, indicates the injury was self-inflicted or resulted from actions other than an accidental fall from a train, the burden is not discharged.
Result: Claim application dismissed.
| Table of Content |
|---|
| 1. summary of the claim and the occurrence of the incident. (Para 1 , 2 , 3) |
| 2. procedural framing of issues and evidence submitted by the applicant. (Para 4 , 5 , 6 , 7) |
| 3. evidence from respondent and arguments regarding bonafide passenger status. (Para 8 , 9 , 10 , 11) |
| 4. analysis of evidence proving lack of untoward incident. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. application of legal precedents regarding the burden of proof. (Para 21 , 22 , 23 , 24) |
J U D G M E N T
1. This Claim Application has been filed by the Applicant, Melwyn Peter Fernandes (hereinafter referred as injured), under Sec. 16 of the Railway Claims Tribunal Act, 1987, read with Sec. 123 (c) (2) & Sec. 124 -A of the Railways Act, 1989, for compensation on account of injuries sustained by him in an alleged untoward incident, occurred on 20.02.2016.
2. The factual matrix of the matter in nut-shell is as below:
It is stated that injured, Melwyn Peter Fernandes, a resident of Mira Road, District-Thane, was in service. It is alleged that on 20.02.2016, he purchased a valid railway return ticket from Mira Road railway station for travelling to Bhayandar, to meet his friend. After meeting his friend, he boarded in a local train from Bhayandar railway station for returning home to Mira Road. When the said local train started from Bhayandar railway station, due to forcible jerk, he lost his balance, accidentally fell down from the running local train and sustained serious injuries. He was taken to Vedant Hospital for medical treatment and thereafter, he was shifted to Shatabdi Hospital, for better treatment and then to Sion Hospital for further treatment. It is further alleged that the victim was travelling on the strength of a valid railway return ticket dated 20.02.2016, Ex. Mira Road to Bhayandar and Return, but said ticket was lost in the incident. It is therefore contended that the victim was a bonafide passenger and had sustained injuries in an untoward incident.
3. In response to notice, Respondent Railway Authority appeared and opposed the Claim Application. The Respondent filed Written Statement and also produced on record the DRM report pertaining to investigation conducted by Inspector/RPF/Bhayandar, accompanied with other relevant documents. The DRM report reflects that on 21.02.2016 at 00.30 hours, pursuant to information received from Guard of Local Train No. 91176 UP, that one person is lying in injured condition on PF. No. 04, KM. No. 43/4D-5D, on duty SS/Bhayandar reached the site and found one person named Melwyn Peter Fernandes, aged about 25 years, lying in injured condition with left hand cut from shoulder. The SS rendered first aid to the victim, issued a memo to GRP/Vasai Road and sent the victim to Sai Vedant Hospital, Bhayandar, for medical treatment. The GRP registered a case vide Injury No. 59/2016 dated 21.02.2016. It is alleged that the GRP has not mentioned about the recovery of any railway travelling authority from the possession of the victim. Hence, the victim was not a bonafide passenger. As per documents of SS/Bhayandar, the deceased was knocked down by Train No. 91176 Up on PF. No. 04 of Bhayandar station. Further, as per Untoward Incident Report of Motorman of Train No. 91176 Up, Shri Prakash P., while working as Motorman on Train No. 91176 Up, when his train was entering Bhayandar railway station, he saw a group of 7-8 people fighting on PF. No. 4. Suddenly one of them fell on the platform and rolled down on the railway tracks. On seeing him he immediately blew the hooter and stopped the train. The passengers pulled him back on the platform, but as soon as the train started again, he jumped on the railway tracks in front of the train and was knocked down/run over by his train. The first two wheels of D coach ran over him and his hand was cut from the shoulder. The Guard of his train handed over the victim at Bhayandar railway station and thereafter our train moved ahead for onward journey. Due to said i
