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2025 Supreme(Online)(RCT) 1291
RAILWAY CLAIM TRIBUNAL - NAGPUR
Syed Nishat Ali, Technical Member
Narayan Yaknath Waghmare – Appellant
Versus
Union of India – Respondent
OA (IIU)/NGP/109/2024
For the Appellants/Petitioners: D.Lambat
For the Respondents: N.Lati
Possession of a valid journey ticket establishes the status of a bona fide passenger, and an accidental fall from a train, corroborated by circumstantial evidence, qualifies as an 'untoward incident' under the Railways Act, 1989, entitling survivors to defined compensation.
Headnote:(A) Railways Act, 1989 - Sections 123(b), 123(c)(2), and 124-A - Untoward incident - Death of passenger falling from train - Proof of bona fide passenger status - Requirement of valid ticket - Compensation - Validity of claim where death occurs due to alleged accidental fall. (Paras 7, 9, 10.3, 11)
(B) Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 5 - Disbursement of compensation - Protection of awarded amount through annuities and fixed deposits - Avoiding exploitation of claimants by middlemen. (Paras 12, 13, 18)
Facts of the case:
The applicants, parents of the deceased, filed a claim seeking compensation for the death of their son, who reportedly fell from the Devgiri Express between Purna and Mirkhel railway stations. The respondent contested the claim, arguing there was no proof of an untoward incident, no evidence of a journey ticket, and that the death might have been caused by reasons other than a fall from a train.
Findings of Court:
The tribunal found that the applicants were dependents to the deceased and that the possession of a valid railway ticket established the status of a bona fide passenger. Based on circumstantial evidence, the occurrence was classified as an untoward incident under the Railways Act.
Issues: 1. Whether the applicants are dependents within the meaning of the Act. 2. Whether the deceased was a bona fide passenger with a valid ticket. 3. Whether the death occurred due to an untoward incident.
Ratio Decidendi: Possession of a valid journey ticket effectively establishes the persona of a bona fide passenger in the absence of evidence to the contrary from the railways. An accidental fall from a train during travel constitutes an untoward incident under the Act when corroborated by circumstances.
Result: Application allowed; compensation of Rs. 8,00,000/- awarded with 9% interest.
| Table of Content |
|---|
| 1. summary of incident, pleadings, and framing of issues. (Para 1 , 2 , 3 , 4) |
| 2. assessment of dependency status and verification of records. (Para 5 , 6 , 7) |
| 3. establishment of bona fide passenger status through ticket possession and circumstantial evidence of untoward incident. (Para 8 , 9 , 10 , 11) |
| 4. directions for structured disbursement of compensation to protect claimant interests. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
JUDGEMENT
1) The applicants have filed this claim application seeking compensation for death of the deceased namely Shri Akash s/o Narayan Waghmare occurred due to the alleged incident under Section 16 of the Railway Claim Tribunal Act 1987 against the respondent railways.
2) The applicants have mentioned in the synopsis of their claim application as under:-
“….1) That applicant no. 01 is father and applicant no.02 is mother of deceased Akash. Deceased Akash was having age of 24 years and was unmarried.
2) That, deceased Akash on dtd. 10.10.2023 along with his friend Bhushan s/o Wamanrao Bhujbal, R/o.-Ambedkar Nagar, Purna, Tq.-Purna, Dist.-Parbhani came at Purna Railway Station where on dtd. 10.10.2023 at about 18.44 hrs. deceased Akash in presence of his friend Bhushan obtained one railway ticket for travelling from Purna to Mumbai CST by Lingampalli to Mumbai CST Devgiri Express Train no. 17058 of Rs.185/-
3) That deceased Akash on dtd. 10.10.2023 in the presence of his friend Bhushan s/o Wamanrao Bhujbal boarded in Lingampalli to Mumbai CST Devgiri Express from Purna Railway Station for travelling upto Mumbai CST. Bhushan s/o Wamanrao Bhujbal leave the Purna Railway Station after departure of the said train from Purna Railway Station to his residence.
4) That, on dtd. 10.10.2023 during the course of travelling in Lingampalli to Mumbai CST Devgiri Express Train no. 17058 deceased Akash due to sudden jerk to the said running train untowardly and accidentally fallen down between KM no. 316/8-7 near Mirkhel Railway Station and died on the spot....”
(Reproduced as verbatim)
3) Upon receipt of notice, the respondent Railway had contested the claim application by filing the written statement along with Statutory report, wherein by way of preliminary objections taken in the written statement as under:-
“…The Respondent further submits, the following against the case of the applicants in the claim application:-
a. It is humbly submitted that, as would be evident from the message of Station Master/Purna (JN.), given in the matter, to the concerned GRP and RPF authorities as well as the initial message of Train Manager pf Train No. 07777 in thematter to Dy.SS/Mirkhail, the Loco-Pilot of Train No. 07777 informed regarding lying of a dead body beside railway track at KM No.316/8-7 between Purna and Mirkhal Railway Stations and the said Train Manager of Train No.07777, in turn informed the matter to the concerned Dy.SS/Mirkhal Railway Station. Barring such mere finding of a corpse, which by itself, in no manner gives rise to any entitlement of the applicants to claim compensation in the case, there is absolutely no cogent evidence, in respect of the case of the applicants regarding the occurrence of the alleged incident of fall of the deceased from train. As would be evident from the statements of the Train Manager and the Loco-Pilot of the subject train during the statutory enquiry in the case, neither any untoward incident was noticed nor any information regarding any untoward incident in the subject train was received from any quarters during the relevant period of running of the subject train in the case and also, there was in no manner any incident of Alarm Chain Pulling in the said train during the said period. In such circumstances, when there is absolutely no cogent evidence, in respect of occurrence of the alleged incident of fall of the deceased from the subject train, the case of the applicants regarding the same, can in no manner be held to have been established.
b.
